[*1]
Zuckerman v Boothe
2006 NY Slip Op 50149(U) [10 Misc 3d 146(A)]
Decided on February 6, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 6, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT:: PESCE, P.J., GOLIA and RIOS, JJ
2005-350 K C.

Paul Zuckerman, Respondent,

against

Errol Boothe, Defendant, -and- Claudette Boothe, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Donald S. Kurtz, J.), entered on December 2, 2004. The order denied defendant Claudette Boothe's motion, in effect, to open a default.


Order affirmed without costs.

The denial of defendant Claudette Boothe's motion seeking, in effect, to open a default was proper since she failed to sufficiently demonstrate a reasonable excuse for her default in that her affidavit in support of her motion does not provide any specific facts relating to her failure to appear at trial (see Crespo v Kynda Cab Corp., 299 AD2d 295 [2002]). Thus, there was no basis to open her second default.

Pesce, P.J., Golia and Rios, JJ., concur. [*2]
Decision Date: February 06, 2006