[*1]
Allstate Sprinkler Corp. v 3800 Broadway Assoc. LLC
2006 NY Slip Op 50698(U) [11 Misc 3d 142(A)]
Decided on April 24, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 24, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Davis, J.P., Gangel-Jacob, J.


Allstate Sprinkler Corp., Plaintiff-Appellant, 570181/05

against

3800 Broadway Associates LLC, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, entered September 3, 2004 (Raul Cruz, J.) which granted defendant's motion to vacate a default judgment.


PER CURIAM:

Order entered September 3,2004 (Raul Cruz, J.) reversed, with $10 costs, motion denied and default judgment reinstated.

The defendant's renewed motion to vacate the default judgment should have been denied, since its terse moving affidavit merely alleged in conclusory fashion that plaintiff was "in breach of contract" without setting forth any evidentiary detail tending to demonstrate the existence
of a meritorious defense (see Fekete v Camp Skwere, 16 AD3d 544 [2005]). Considering that defendant's initial vacatur motion was denied with leave to replead based upon its failure to establish a meritorious defense, one might have expected defendant to be more forthcoming on renewal in explaining the nature of plaintiff's putative contractual breach if a bona fide defense truly existed. Nor was a meritorious defense shown through the allegations contained in the defendant's answer and counterclaim, which so far as appears, were unverified (see Plymouth Realty Group v Town of Cortlandt, 151 AD2d 734 [1989], lv dismissed 75 NY2d 765 [1989]). [*2]
Decision Date: April 24, 2006