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Jul & Pol Corp. v. GEICO Insurance

Default judgment is denied vacatur; defendant idly stood by until action went to judgment.

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Judge Schack

JUL & POL CORP. v. GEICO INSURANCE — The issue before the court is whether defendant’s default should be vacated, even with a possible showing of a meritorious defense, when defendant stood by idly, willfully, persistently, and intentionally while the action proceeded to judgment and then enforcement. The Court notes that defense counsel in her papers refers to herself by her name, Esq., and then as “(PIP 7).” Upon investigation, the Court has learned that “PIP “ has nothing to do with either Gladys Knight’s sidekicks or any of Charles Dickens’ characters, but stands for “personal injury protection.” However, as a result of her performance and at certain times lack of performance, “PIP 7” should not have any “great expectations” as to the how this Court will decide this motion even if she might have “heard it through the grapevine” that she might prevail. For the following reasons, defendant’s motion to vacate and set aside the December 12, 2002 judgment is denied.

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