| Ramsingh v Jakub |
| 2010 NY Slip Op 50774(U) [27 Misc 3d 135(A)] |
| Decided on April 30, 2010 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County
(Raul Cruz, J.), dated September 11, 2009, which denied his motions (1) to vacate a prior order,
entered on default, conditionally granting plaintiff's motion to strike defendant's answer, and (2)
to dismiss the complaint for failure to state a cause of action.
Per Curiam.
Order (Raul Cruz, J.), dated September 11, 2009, affirmed, with $10 costs.
Defendant failed to show a reasonable excuse for his default in opposing plaintiff's motion to strike the answer based on defendant's failure to comply with disclosure orders (see Greico v Walker, 8 AD3d 66 [2004]). Defendant's bare denial of receipt of plaintiff's motion to strike was insufficient to rebut the presumption of receipt raised by the affidavit of service of the motion papers (see Bryant v New York City Hous. Auth., 69 AD3d 488 [2010]; Greico, supra).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 30, 2010