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Commissioner of State Ins. Fund v A.M. Motor & Refrig. Serv.
2006 NY Slip Op 50252(U) [11 Misc 3d 128(A)]
Decided on February 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 27, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., DAVIS, GANGEL-JACOB, JJ
570881/05.

Commissioner of State Insurance Fund, Plaintiff-Respondent,No.

against

A.M. Motor & Refrigeration Service, Defendant-Respondent.


Defendant appeals from an order of the Civil Court, Bronx County (Julia I. Rodriguez, J.), entered December 14, 2004, which denied its motion to vacate a default judgment.


PER CURIAM
Order (Julia I. Rodriguez, J.), entered December 14, 2004, affirmed, with $10 costs.

In view of defendant's failure to offer a reasonable excuse for its numerous defaults and to establish a meritorious defense, defendant's fifth motion to vacate the default judgment was properly denied (see CPLR 5015; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 143 [1985]).

This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: February 27, 2006