Angelis v Germans (2005 NY Slip Op 50182(U))

[*1]

Angelis v Germans

2005 NY Slip Op 50182(U)

Decided on February 17, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 17, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-970 S C

George Angelis, Respondent,

against

Theodorus Germans, Appellant.

Appeal by defendant from an order of the Small Claims Part of the District Court, Suffolk County (J. Flanagan, J.), dated June 2, 2004, which denied his motion

to vacate a default judgment.

Order unanimously affirmed without costs.

In this small claims action to recover commissions, the court below did not improvidently exercise its discretion by denying defendant's motion to vacate the
default judgment (see CPLR 5015 [a] [1]; Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831 [1987]; Barasch v Micucci, 49 NY2d 594 [1980]; Martinez v Otis El. Co., 213 AD2d 523 [1995]; Tandy Computer Leasing v Video X Home Lib., 124 AD2d 530 [1986]). Accordingly, the trial court provided the parties with substantial
justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). [*2]
Decision Date: February 17, 2005