Appeal from an order of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered December 20, 2006. The order denied defendant Rubin Itskovich's motion to vacate a default judgment.

Order affirmed with $10 costs.

In this action to recover the balance of a real estate brokerage commission, defendants failed to appear for trial, and a default judgment was entered against them for the principal sum due, plus interest and costs. Defendant Rubin Itskovich, evidently in response to a judgment lien against the subject property, moved to vacate the default judgment 32 months after the judgment's entry. Inasmuch as defendant Itskovich did not promptly move to vacate the judgment (Williams v Pratt Inst., 212 AD2d 692 [1995]; Long Is. Trust Co. v PTI Intl. Corp. of N.Y., 166 AD2d 504, 505 [1990]) and failed to demonstrate a reasonable excuse for the default and the existence of a meritorious defense (CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Nurse v Figeroux & Assoc., 47 AD3d 778, 779 [2008]; Citibank (S.D.), N.A. v Fuller, 18 Misc 3d 138[A], 2008 NY Slip Op 50296[U] [App Term, 2d & 11th Jud Dists 2008]), the court did not improvidently exercise its discretion in denying his motion. Accordingly, the order is affirmed.
Golia, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 8, 2008