[*1]
Chrysler Fin. Corp. v Audain
2008 NY Slip Op 51503(U) [20 Misc 3d 135(A)]
Decided on July 18, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 18, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., RIOS and STEINHARDT, JJ
2007-538 K C.

Chrysler Financial Corporation, Respondent,

against

Alex Audain, Defendant, -and- CLAUDETTE AUDAIN, Appellant. ALEX AUDAIN and CLAUDETTE AUDAIN, Third-Party Plaintiffs, METRO AUTO MALL, Third-Party Defendant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered January 9, 2007. The order denied defendant Claudette Audain's motion to vacate a default judgment. [*2]


Order affirmed without costs.

A defendant seeking to vacate a judgment on the ground of excusable default (CPLR 5015 [a] [1]) is required to demonstrate a reasonable excuse for the default and the existence of a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]). The record establishes that defendant Claudette Audain failed to serve and file an answer. In moving to vacate the default judgment, defendant Claudette Audain failed to offer a reasonable excuse for her default and did not establish a meritorious defense to the action. Her affidavit merely intones that a defense exists. Consequently, the order denying Claudette Audain's motion to vacate the default judgment is affirmed.

Golia, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 18, 2008