Solid Gold Constr. v Robertson (2003 NY Slip Op 51662(U))

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Solid Gold Constr. v Robertson

2003 NY Slip Op 51662(U)

Decided on December 19, 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This opinion is uncorrected and will not be published in the Official Reports.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 19, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and RIOS, JJ.
NO. 2003-19O Q C

SOLID GOLD CONSTRUCTION, a Division of N.P. HOMECRAFTS, INC., Appellant,

against

BARBARA ROBERTSON, Respondent.

Appeal by plaintiff from an order of the Civil Court, Queens County (J. Golia, J.), entered December 10, 2002, which granted defendant's motion to vacate a judgment entered on default.

Order unanimously affirmed without costs.

The stipulation of settlement provided that if defendant defaulted in her payments, which default continued for at least ten days after the attorney for plaintiff sent her a written notice of default, plaintiff was at liberty to enter judgment against the defendant for the full amount demanded in the complaint. We are in agreement with the lower court that plaintiff failed to submit sufficient proof of mailing of the requisite notice of default (see Electronic Servs. Intl. v Silvers, 233 AD2d 361, 362 [1996]; see also CPLR 2103 [f]; 57 NY Jur 2d, Evidence and Witnesses § 138). Accordingly, the lower court properly vacated the judgment.
Decision Date: December 19, 2003