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Citibank (SD), N.A. v Henry
2008 NY Slip Op 51959(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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 29, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2007-1213 K C.

Citibank (SD), N.A., Respondent,

against

Royston Henry, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered May 11, 2007. The order denied defendant's motion to vacate a default judgment.


Order affirmed without costs.

In this action for breach of a credit card agreement and an account stated, the court below denied defendant's motion to vacate a default judgment. In support of the motion, defendant was required to establish both a meritorious defense to the action and a reasonable excuse for the default (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]). Since defendant failed to offer a reasonable excuse for his default and merely made a conclusory allegation concerning a possible meritorious defense, the court below properly denied his motion. Insofar as the issues raised by defendant in his brief on appeal, regarding the alleged impropriety of execution of the judgment, involve matters dehors the record, they cannot be reviewed on appeal.

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: September 29, 2008