Pinnacle Credit Servs. v Belizario (2003 NY Slip Op 51658(U))

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Pinnacle Credit Servs. v Belizario

2003 NY Slip Op 51658(U)

Decided on December 17, 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This opinion is uncorrected and will not be published in the Official Reports.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 17, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., PATTERSON and RIOS, JJ.
NO. 2003-137 K C

PINNACLE CREDIT SERVICES, INC., A/A/O KEY BANK, Respondent, -

against

FRANCISCO BELIZARIO, Appellant.

Appeal by defendant from an order of the Civil Court, Kings County (K. Yellen, J.), entered on December 3, 2002, which denied his motion seeking to vacate the order granting on default plaintiffs motion for summary judgment and, upon vacatur, to deny plaintiffs motion for summary judgment.

Order unanimously affirmed without costs.

The court below properly denied defendant's motion to vacate the order granting on default defendant's motion for summary judgment. Defendant has failed to establish a meritorious defense to the action (see CPLR 5015).
Decision Date: December 17, 2003