Appeal from an order of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered May 19, 2008. The order denied defendants' motion to vacate a default judgment.

Order affirmed without costs.

In this action for breach of a credit card agreement and upon an account stated, defendants appeal from an order of the District Court denying their motion to vacate a default judgment. In support of the motion, defendants were required to establish both a meritorious defense to the action and a reasonable excuse for the default. In their moving papers, defendants stated only that they were "never notified," and that "this is a fraudulent account." Moreover, on appeal, defendants do not assert that they were not served with the summons and complaint. They merely claim that they did not receive a court date from plaintiff's counsel. Defendants, thus, failed to establish either a reasonable excuse for their default or a meritorious defense to the action. Accordingly, we find that the District Court did not improvidently exercise its discretion in denying defendants' motion to vacate the default judgment and we affirm its order.

Molia, J.P., Scheinkman and LaCava, JJ., concur.
Decision Date: March 23, 2009