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Unifund CCR Partners v Simmons
2009 NY Slip Op 51081(U) [23 Misc 3d 143(A)]
Decided on May 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 28, 2009
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-840 K C.

Unifund CCR Partners as assignee of PROVIDIAN NATIONAL BANK, Respondent,

against

Benjamin Simmons, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered February 27, 2008. The order denied defendant's motion to vacate a default judgment.


Order affirmed without costs.

In this action based upon a credit card debt, a default judgment was entered on October 25, 2006. In February 2008, defendant moved to vacate the default judgment. In support of the motion, defendant failed to establish an excusable default and a meritorious defense, and he also failed to demonstrate that he moved within a reasonable period of time after learning of the default judgment. In view of the foregoing, the Civil Court properly denied defendant's motion (see CPLR 5015 [a] [1]; Madison Estates & Props., Inc. v Davern Realty Corp., 20 Misc 3d 133[A], 2008 NY Slip Op 51457[U] [App Term, 2d & 11th Jud Dists 2008]).

Accordingly, the order is affirmed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: May 28, 2009