| Parker v Advanced Auto Parts |
| 2008 NY Slip Op 50906(U) [19 Misc 3d 140(A)] |
| Decided on April 25, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Justice Court of the Town of New Windsor, Orange County
(Donald J. Suttlehan, J.), entered July 21, 2006. The order denied defendant's motion to vacate a
default judgment.
Order affirmed without costs.
A review of the record on appeal indicates that defendant failed to establish the requisite
reasonable excuse for the default so as to warrant vacating the default
judgment entered against it (see CPLR 5015 [a] [1]; O'Loughlin v Delisser,
15 AD3d 372 [2005]; Miller v Lanzisera, 273 AD2d 866 [2000]). Accordingly, the
determination of the lower court is affirmed.
Tanenbaum, J.P., Molia and Scheinkman, JJ., concur.
Decision Date: April 25, 2008