Justice William Giacomo
DiLapi alleged he was injured while installing telephone lines at the subject premises as a result of carbon monoxide exposure due to defendants' negligence. DiLapi's motion for a default judgment against Saw Mill River LLC (SMR) was granted, and SMR never moved to vacate the default. SMR's prior motion for summary judgment was denied as there was a default judgment entered against it which was not vacated. SMR now moved to vacate its default arguing that during the pendency of DiLapi's default motion, the parties stipulated to withdraw the motion, and permit SMR to answer. The court stated as none of the parties notified the court of the withdrawal of DiLapi's motion, that motion remained pending and was properly decided by the court. Yet, it ruled that in the interest of justice, and despite that more than one year elapsed since the default judgment was entered against SMR, the court granted SMR's motion to vacate the default, but directed SMR's attorney to donate $2,500 to the Lawyer's Fund for Client Protection. The court granted SMR's motion for leave to renew its summary judgment motion and upon same, found SMR did not have notice of the dangerous condition which caused DiLapi's injuries, granting it summary judgment.
