Yang v. Quinn

Full title: SE DAE YANG et al., Appellants, v. ANTHONY QUINN, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 30, 1998

255 A.D.2d 574 (N.Y. App. Div. 1998)

680 N.Y.S.2d 878

Opinion

November 30, 1998

Appeal from the Supreme Court, Queens County (Posner, J.).

Ordered that the order is affirmed, with costs.

Because the plaintiffs could not have demonstrated a meritorious defense to the foreclosure action in which they were represented by the defendant attorney ( see, Se Dae Yang v. Korea First Bank, 247 A.D.2d 237), they have not incurred damages as a result of their attorney's failure to serve and file and answer, which resulted in their default in the foreclosure action and entry of a judgment against them ( see, Zasso v. Maher, 226 A.D.2d 366). Accordingly, the instant complaint was properly dismissed.

O'Brien, J. P., Pizzuto, Joy and Goldstein, JJ., concur.