| Nassau Suffolk Lbr. & Supply Corp. v Electrograph Tech. Corp. |
| 2012 NY Slip Op 00757 [91 AD3d 920] |
| January 31, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Nassau Suffolk Lumber & Supply Corp.,
Respondent, v Electrograph Technologies Corp., Formerly Known as Manchester Technologies, Inc., Appellant. |
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Pinks, Arbeit & Nemeth, Hauppauge, N.Y. (Robert S. Arbeit of counsel), for
respondent.
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Whelan, J.), dated February 23, 2011, which denied its motion to vacate a judgment of the same court dated June 17, 2010, which, upon its default in appearing or answering the complaint, is in favor of the plaintiff and against it in the principal sum of $4,220,385.38.
Ordered that the order is affirmed, with costs.
The defendant failed to demonstrate that it had a potentially meritorious defense to the action on the issue of liability for breach of the commercial lease (see generally Holy Props. v Cole Prods., 87 NY2d 130, 133-134 [1995]; Riverside Research Inst. v KMGA, Inc., 68 NY2d 689, 691-692 [1986]; REP A8 LLC v Aventura Tech., Inc., 68 AD3d 1087, 1089 [2009]).
Accordingly, the Supreme Court properly denied the defendant's motion to vacate the default judgment. Dillon, J.P., Balkin, Belen and Austin, JJ., concur.