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Erin Servs. Co. LLC v Jabbi
2008 NY Slip Op 51439(U) [20 Misc 3d 131(A)]
Decided on July 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 3, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT:: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ
2007-284 W C.

Erin Services Co. LLC, Respondent,

against

Kawsu M. Jabbi, Appellant.


Appeal from an order of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered December 15, 2006. The order denied defendant's motion to vacate a default judgment.


Order affirmed without costs.

In this action, inter alia, for breach of a credit card agreement, the court below denied defendant's motion to vacate a judgment entered on default.

In order to vacate the default judgment, defendant was required to establish, pursuant to CPLR 5015 (a), both a meritorious defense to the action and a reasonable excuse for his default (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]). Defendant's conclusory allegations were insufficient to establish a meritorious defense. Furthermore, defendant failed to provide a reasonable excuse for his default. Accordingly, the court below did not improvidently exercise its discretion in denying defendant's motion.

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: July 3, 2008