Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered May 5, 2006. The order denied plaintiff's motion to vacate the order of March 27, 2006, entered upon plaintiff's default, which granted defendant's motion to vacate a default judgment entered against it and dismissed the complaint.

Order affirmed without costs.

In this action brought by self-represented plaintiff to recover for personal injuries he allegedly sustained in defendant's store, an order was entered upon plaintiff's default, granting defendant's motion to vacate a default judgment entered against it and dismissing the complaint for plaintiff's failure to comply with defendant's discovery demands. Plaintiff moved to vacate said order and to restore his action to the calendar. Inasmuch as the affidavit in support of plaintiff's motion established neither a reasonable excuse for his failure to appear on the return date of defendant's motion nor a meritorious claim (CPLR 5015 [a]), the court below providently exercised its discretion in denying plaintiff's motion.

Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: July 12, 2007