Legal Question in Business Law in New York

vacate judgement/counter sue

i hired a sprinkler installer to install a sprinkler system in an 8 family building that i was rehabing, according to codes that were in effect prior to current code changes in yonkers n.y. he gave me to contracts and two prices reflecting difrent pipe sz. the agr. stips that he mak ness'y protrusions and excavt. it also stips that he get nec'y permits. he added a bk flow preventer, not on plans, i made holes and excavated. he used 4'' pipe and biled for 6'', wouldn't discount for my work. didn't get permits for work not on plans.sued me be4 my law'yr sued him and got a judgem't. he is delaying my CofO and my int't and mort. are killing me.i can't convert my const. loan or go for'd until i get the missing permits and approvals he cont't to get.


Asked on 9/15/07, 8:33 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: vacate judgement/counter sue

have to file a motion by Order to Show Cause to vacate the Judgment. The motion must include an excuse for the default together with a meritorious defense. Law office failure is an excuse and work performed not on plans may be a reasonable defense.

You should not wait to file the motion since a significant lapse of time may work against you.

Mike

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Answered on 9/15/07, 10:43 am


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