| Cenedese v Figueroa |
| 2006 NY Slip Op 50093(U) [10 Misc 3d 143(A)] |
| Decided on January 27, 2006 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County (Jeffrey K. Oing, J.), entered December 1, 2004, which granted defendant's motion to vacate a default judgment and income execution and to restore the action to the calendar.
PER CURIAM:
Order (Jeffrey K. Oing, J.), entered December 1, 2004, reversed, with $10 costs, motion denied, and default judgment reinstated.
No legal basis was shown by defendant or identified by the motion court for vacating the default judgment entered July 19, 1996, following defendant's failure to fully comply with the payment terms of the parties' settlement stipulation (CPLR 3215[i][1]). Despite the issuance of several income executions against defendant from 1996 to 2001, defendant took no action to challenge the default judgment until November 2004, a delay which "evidenced a willingness to accede to the terms of the judgment" (Cooper v Carlson, 130 AD2d 703 [1987]). In any event, defendant failed to demonstrate that the judgment as entered (totaling $8,396.86) was for an incorrect amount or was otherwise improper.
This constitutes the decision and order of the court.
I concur
Decision Date: January 27, 2006