[*1]
Wininger v Tony's Towing Serv.
2004 NY Slip Op 50261(U)
Decided on April 9, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
NO. 2003-557 K C

RICHARD WININGER D/B/A WININGER DOUGLAS & GREEN, Respondent,

against

TONY'S TOWING SERVICE, INC., D/B/A SALAMIS SERVICE STATION, INC., Appellant.


Appeal by defendant from so much of an order of the Civil Court, Kings County (D. Waltrous, J.), entered on April 17, 2002, granting defendant's motion for reargument (incorrectly denominated as a motion for renewal) as, upon reargument, denied defendant's motion to vacate the default judgment.


Order, insofar as appealed from, unanimously affirmed without costs.

A review of the record indicates that defendant failed to establish either a reasonable excuse for its default or a meritorious defense to the action (CPLR 5015 [a] [1]). We note that defendant's conclusory allegations failed to make a sufficient
showing that the work defendant hired plaintiff to perform constituted the unauthorized practice of law (Judiciary Law § 478). Therefore, the order of the court below should not be disturbed. [*2]
Decision Date: April 09, 2004