| Midland Funding, LLC v Mott |
| 2011 NY Slip Op 52006(U) [33 Misc 3d 134(A)] |
| Decided on October 26, 2011 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 City Court of New Rochelle, Westchester County (Preston S.
Scher, J.), entered June 24, 2010. The order denied defendant's motion to, in effect, vacate a
default judgment.
ORDERED that the order is affirmed, without costs.
In this action to recover the principal sum of $6,596.14, plus interest, for breach of a credit card agreement and upon an account stated, a default judgment was entered against defendant on July 16, 2009. Thereafter, defendant moved, in effect, to vacate the default judgment, stating, among other things, that she did not owe plaintiff the debt alleged in the complaint. The City Court denied the motion.
Upon a review of the record, we find that the City Court did not improvidently exercise its discretion in denying defendant's motion to vacate the default judgment since defendant failed to demonstrate a reasonable excuse for her default. In view of the foregoing, it is unnecessary to consider whether defendant sufficiently established the existence of a meritorious defense (see HSBC Bank USA, N.A. v Roldan, 80 AD3d 566 [2011]). Accordingly, the order is affirmed.
Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: October 26, 2011