Appeal from an order of the Civil Court of the City of New York, Queens County (Bernice Daun Siegal, J.), entered September 19, 2006. The order denied defendant's motion to vacate a default judgment.

Order affirmed without costs.

In this action for breach of a credit card agreement, the court below denied defendant's motion to vacate a judgment entered upon an order granting on default plaintiff's motion for summary judgment. In support of the motion, defendant was required to establish both a meritorious defense to the action and a reasonable excuse for the default (see CPLR 5015 [a]; Eugene Di Lorenzo, Inc. v A. C. Dutton Lbr. Co., 67 NY2d 138 [1986]). Defendant failed to offer a reasonable excuse for her default in
opposing the motion. In addition, she did not establish a meritorious defense to the action. It is not sufficient for moving papers to merely intone that a defense exists; there must be a showing of sufficient legal merit to warrant vacating the default and permitting a full trial (see DeFazio v Berley Realty Corp., 259 AD2d 266 [1999]). Furthermore, while defendant alleged in her affidavit in support of the motion that she did not receive the summons, the answer was filed in a timely manner and she did not assert lack of personal jurisdiction as an affirmative defense to the action or move within the prescribed time to dismiss the action on said ground (CPLR 3211 [a] [8], [e]). Thus, a defense on the ground of lack of personal jurisdiction was waived (CPLR 3211 [e]; see Burelle v Gilbert, 9 Misc 3d 127[A], 2005 NY Slip Op 51471[U] [App Term, 9th & [*2]10th Jud Dists 2005]). Accordingly, the court below providently exercised its discretion in denying defendant's motion.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: February 08, 2008