| Cross Country Bank v Iacono |
| 2008 NY Slip Op 51955(U) [21 Misc 3d 128(A)] |
| Decided on September 29, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 District Court of Nassau County, First District (Anthony W.
Paradiso, J.), dated August 24, 2006. The order denied defendant's motion to vacate a judgment
entered upon his default.
Order affirmed without costs.
In this action based upon a breach of a credit card agreement, the matter was submitted for mandatory arbitration pursuant to Part 28 of the Rules of the Chief Judge. Defendant defaulted in appearing at the arbitration, and a default judgment was subsequently entered against him. Defendant's motion to vacate said default was denied. A review of defendant's moving papers reveals that he failed to establish the requisite good cause to warrant the granting of his motion (see Rules of the Chief Judge [22 NYCRR] § 28.7 [a]; Landa, Picard & Weinstein v Ruesch, 102 AD2d 813 [1984]; Sassower v Higbee, 96 AD2d 588 [1983]; Jerue v Poppy's Auto Parts & Wreckers, 14 Misc 3d 131[A], 2007 NY Slip Op 50054[U] [App Term, 9th & 10th Jud Dists 2007]). Accordingly, the lower court properly denied defendant's motion.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: September 29, 2008