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Village Voice v Frederick
2009 NY Slip Op 50330(U) [22 Misc 3d 137(A)]
Decided on February 24, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 24, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and STEINHARDT, JJ
2008-18 K C.

The Village Voice, Respondent,

against

Elsa Frederick d/b/a BODY RUBS, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered August 9, 2007. The order denied defendant's motion to vacate a default judgment.


Order affirmed without costs.

In this action to recover for work, labor and services, we find that the Civil Court did not improvidently exercise its discretion in denying defendant's motion to vacate the default judgment, since defendant failed to demonstrate that she had a reasonable excuse for her default in appearance, and that she had a meritorious defense (see CPLR 5015 [a] [1]; Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831 [1987]; Barasch v Micucci, 49 NY2d 594 [1980]; Martinez v Otis El. Co., 213 AD2d 523 [1995]; Tandy Computer Leasing v Video X Home Lib., 124 AD2d 530 [1986]). Accordingly, the order is affirmed.

Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.
Decision Date: February 24, 2009