St. Johns Queens Hosp. v Armatas (2003 NY Slip Op 51614(U))

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St. Johns Queens Hosp. v Armatas

2003 NY Slip Op 51614(U)

Decided on December 10, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 10, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., GOLIA and RIOS, JJ.
NO. 2002-420 Q C

ST. JOHNS QUEENS HOSPITAL, Respondent,

against

REBECA ARMATAS, Appellant.

Appeal by defendant from an order of the Civil Court, Queens County (A. Gazzara, J.), entered February 25, 2002, denying her motion to vacate the default judgment and restore the case to the calendar.

Order unanimously affirmed without costs.

Upon a review of the record, we find that defendant failed to provide a reasonable excuse for her failure to appear for trial on October 5, 2001, after the case had been marked final for trial twice, and failed to show a meritorious defense to the action. Consequently, the court below did not abuse its discretion by denying defendant's motion to vacate the default judgment and its order should not be disturbed on appeal (see Parker v City of New York, 272 AD2d 310 [2000]). Defendant's remaining contentions lack merit.
Decision Date: December 10, 2003