ZOT, LLC, res., v. JOSHUA MOORE, app

2012-1500 K C. ZOT, LLC, res., v. JOSHUA MOORE, app. — Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered February 24, 2012, and an order of the same court (Reginald A. Boddie, J.) dated May 1, 2012. The order entered February 24, 2012, insofar as appealed from as limited by the brief, upon granting the branches of plaintiff's motion seeking to open plaintiff's default in appearing on the return date of defendant's prior motion to vacate a prior order of the same court (Pamela L. Fisher, J.) dated February 1, 2012, which had vacated a default judgment entered April 21, 2011 in favor of plaintiff, and to vacate the February 1, 2012 order, granted the branches of plaintiff's motion seeking to deny defendant's motion to vacate the default judgment and to reinstate the default judgment. The order dated May 1, 2012 denied defendant's application for an order to show cause seeking to vacate the default judgment. The appeal was transferred to this court nunc pro tunc by decision and order on motion of the Appellate Division, Second Department, dated March 27, 2014.

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2012-1500 K C. ZOT, LLC, res., v. JOSHUA MOORE, app. — Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered February 24, 2012, and an order of the same court (Reginald A. Boddie, J.) dated May 1, 2012. The order entered February 24, 2012, insofar as appealed from as limited by the brief, upon granting the branches of plaintiff’s motion seeking to open plaintiff’s default in appearing on the return date of defendant’s prior motion to vacate a prior order of the same court (Pamela L. Fisher, J.) dated February 1, 2012, which had vacated a default judgment entered April 21, 2011 in favor of plaintiff, and to vacate the February 1, 2012 order, granted the branches of plaintiff’s motion seeking to deny defendant’s motion to vacate the default judgment and to reinstate the default judgment. The order dated May 1, 2012 denied defendant’s application for an order to show cause seeking to vacate the default judgment. The appeal was transferred to this court nunc pro tunc by decision and order on motion of the Appellate Division, Second Department, dated March 27, 2014.

ORDERED that the order entered February 24, 2012, insofar as appealed from, is reversed, without costs, so much of the order as, upon opening plaintiff’s default and vacating the February 1, 2012 order, granted the branches of plaintiff’s motion seeking to deny defendant’s prior motion to vacate the default judgment and to reinstate the default judgment is vacated, and the matter is remitted to the Civil Court for a new determination of those branches of plaintiff’s motion following a hearing, in accordance with the decision herein; and it is further,

ZOT, LLC, res., v. JOSHUA MOORE, app

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