Appeal from an order of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered November 19, 2007, deemed from a judgment of said court entered December 14, 2007 (see Neuman v Otto, 114 AD2d 791 [1985]). The judgment, entered pursuant to the November 19, 2007 order denying plaintiff's motion to vacate an order of the same court, dated September 18, 2007, which granted on default defendants' motions for summary judgment, dismissed the complaint.

Judgment affirmed without costs.

In this action brought by plaintiff to recover damages for defendants' alleged breach of contract and failure to pay wages, an order was entered, upon plaintiff's default, granting defendants' motions for summary judgment dismissing the complaint. Plaintiff subsequently moved to vacate said order and to restore his action to the calendar. Inasmuch as the affidavit in support of plaintiff's motion established neither a reasonable excuse for plaintiff's failure to appear on the return date of defendants' motions nor a meritorious claim (see CPLR 5015 [a]), the court below did not improvidently exercise its discretion in denying plaintiff's motion.

Weston Patterson, J.P., Golia and Steinhardt, JJ., concur.
Decision Date: December 03, 2008