| Ruiz v Bronx Lebanon Hosp. Ctr. |
| 2013 NY Slip Op 51865(U) [41 Misc 3d 134(A)] |
| Decided on November 14, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the
City of New York, Bronx County (Eddie J. McShan, J.), entered April 25, 2013, which
denied plaintiff's motion to vacate a default judgment dismissing the action.
Per Curiam.
Order (Eddie J. McShan, J.), entered April 25, 2013, affirmed, without costs.
Plaintiff's motion to vacate his default in appearing for trial was properly denied, in view of his failure to strictly comply with the time requirements set forth in the order to show cause or present proof of service on the return date of the vacatur motion (see U.S. Bank Natl. Assn. v Feliciano, 103 AD3d 791 [2013]; Lenders Capital LLC v Ranu Realty Corp., 99 AD3d 566 [2012]). Our disposition is without prejudice to plaintiff's right, if so advised, to renew his application for vacatur relief in the Small Claims Part of Civil Court.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 14, 2013