AYALA v. DELGADO (2000)

Supreme Court, Appellate Division, First Department, New York.

Anastacio AYALA, Jr., Plaintiff-Appellant, v. Glenn DELGADO, et al., Defendants-Respondents.

Decided: December 12, 2000

TOM, J.P., ELLERIN, WALLACH, RUBIN and SAXE, JJ.

Barry Siskin, for Plaintiff-Appellant. Kerry B. Stevens, Elizabeth M. Hecht and David Kates, for Defendants-Respondents.

Order, Supreme Court, Bronx County (Anne Targum, J.), entered on or about July 7, 2000, which granted defendants' motions to vacate the note of issue, and denied plaintiff's cross motion to “implement” a prior decision of Justice Kenneth Thompson, Jr. directing that an order be settled granting a default judgment as against two of the three defendants, unanimously affirmed, without costs.

Justice Targum properly rejected plaintiff's request that she implement Justice Thompson's decision, with appropriate advice to present such request to Justice Thompson. In light of the strong public policy favoring resolution of disputes on the merits and plaintiff's failure to provide any disclosure, the note of issue was properly vacated.

MEMORANDUM DECISION.

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