This case falls in the "just can”t explain it" category.
Attorney represents plaintiff and obviously had problems. Client sues attorney in legal malpractice, and attorney defaults on trial. He then defaults on inquest of which he had notice. He then fails to do anything about a settled judgment.
Only after entry of judgment does he try to vacate. His efforts unsuccesful. "After the defendant failed to appear on the scheduled trial date, he was notified that the case would be placed on the calendar one week later for an inquest on damages. Moreover, after the defendant’s efforts to vacate his defaults proved unsuccessful, he was given notice, on or about April 13, 2004, that judgment would be entered against him on or after May 1, 2004. Under these circumstances, the defendant has no grounds to complain of lack of notice pursuant to CPLR 3215(g)(1).
Finally, the court properly determined that the judgment was not entered in violation of 22 NYCRR 202.48(a) (see Funk v Barry, 89 NY2d 364). "