[*1]
Rubens v Asselta
2012 NY Slip Op 50108(U) [34 Misc 3d 144(A)]
Decided on January 25, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 25, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Shulman, J.P., Schoenfeld, Torres, JJ
11-120.

Richard Rubens, Plaintiff-Appellant,

against

Joseph Asselta and Agovino & Asselta, LLP, Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered July 15, 2010, which denied his motion to vacate his default in appearing for a court conference.


Per Curiam.

Order (Ben R. Barbato, J.), entered July 15, 2010, affirmed, with $10 costs.

Even assuming that plaintiff showed a reasonable excuse for his failure to appear at the scheduled conference, there was no abuse of discretion in the denial of plaintiff's motion to vacate the default in view of his failure to demonstrate a meritorious cause of action. Plaintiff's assertion that defendants breached a promise to achieve a specific result in the underlying litigation is belied by the clear terms of the parties' retainer agreement (see Goldberg v Moskowitz, 262 AD2d 56 [1999]). We reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 25, 2012