AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

BIG APPLE INDUSTRIAL BUILDINGS, INC., Plaintiff, v. GEORGE A. FULLER COMPANY, Appellant, and SUMMIT WATERPROOFING AND RESTORATION CORP., Respondent, et al., Defendants.

Upon vacating Fuller's prior default, the court was well within its discretion to impose sanctions and direct the posting of an undertaking. Upon vacating a default judgment a court is well within its discretion to, in equity, impose such conditions under CPLR 5015 (a). This is particularly true since Fuller suggested that it post such an undertaking in support of its application to vacate the default. (A.G. Serv. Co. v. Interboro Contrs., 64 A.D.2d 880; DFI Communications v. Golden Penn Theatre Ticket Serv., 87 A.D.2d 778.) Having properly exercised its discretion in conditioning vacatur upon the posting of the bond, pending determination of Summit's motion for partial summary judgment, the court was likewise within its discretion to continue the bond until disposition of the cross claims between these two defendants. That Fuller had failed to comply with the requirement of posting the bond pursuant to the order entered June 6, 1989, requiring that Fuller post such undertaking, creates no procedural or other bar to the result sought to be achieved by the court.

Concur — Sullivan, J.P., Ross, Kassal, Ellerin and Wallach, JJ.

Use AI to get other relevant cases.

Comments

BIG APPLE INDUS. BLDG. v. GEORGE A. FULLER
(May 31, 1990)