| GE Money Bank v Carpenter |
| 2010 NY Slip Op 50596(U) [27 Misc 3d 128(A)] |
| Decided on April 2, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold,
J.), entered July 10, 2008, deemed from a judgment of the same court entered November 12,
2008 (CPLR 5520 [c]). The judgment, entered upon defendant's default in appearing and
answering, awarded plaintiff the principal sum of $1,203.29. The appeal from the judgment
brings up for review the order entered July 10, 2008, which denied defendant's motion seeking,
in effect, to open a default and to restore the matter to the trial calendar.
ORDERED that the judgment is affirmed without costs.
A defendant seeking to open a default on the ground that the default was excusable is required to demonstrate a reasonable excuse for the default and the existence of a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]). While the record demonstrates that defendant offered a reasonable excuse for defaulting, the affidavit in support of the motion merely intones that a defense exists. Since defendant has not established a meritorious defense to the action, her motion to open the default was properly denied. Accordingly, the judgment is affirmed.
Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: April 02, 2010