[*1]
Unachukwu v Zigova
2007 NY Slip Op 52074(U) [17 Misc 3d 133(A)]
Decided on October 23, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 23, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and BELEN, JJ
2006-1541 K C.

Cynthia N. Unachukwu, Respondent,

against

Anabela Zigova, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), dated August 28, 2006. The order denied defendant's motion to vacate a default judgment.


Order affirmed without costs.

In this small claims action for the return of a security deposit, defendant failed to appear on an adjourned trial date, and a default judgment was entered against her after inquest in the principal sum of $1,000. Defendant promptly moved to vacate the judgment stating, on a form affidavit, an excuse for the default, and, as a meritorious defense, that she did not owe plaintiff the $1,000 and had documents and witnesses to prove this. Upon such a bare, conclusory application, the court below properly denied defendant's motion. While, in her brief on appeal, defendant attempts to set forth in greater detail the nature of her defense, this court, in reviewing the propriety of the lower court's order, cannot consider these dehors the record allegations. Defendant's remedy, if she be so advised, is to seek leave to renew her motion.

Pesce, P.J., Rios and Belen, JJ., concur.