Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered April 12, 2012. The order denied plaintiff's motion to vacate the dismissal of the action and to restore the action to the calendar.

ORDERED that the order is affirmed, without costs.

In this action to recover the principal sum of $9,000, based on defendants' alleged failure to pay plaintiff for services rendered, defendants, in their answer, denied liability and interposed several counterclaims. Before plaintiff's time to reply to the counterclaims had elapsed, the action appeared on the court calendar, and was dismissed based upon plaintiff's failure to appear. Plaintiff moved to vacate the dismissal of the action and to restore the action to the calendar. The Civil Court denied the motion, and plaintiff appeals.

The Civil Court was authorized to dismiss the action based upon plaintiff's failure to appear at a calendar call (see Uniform Rules for NY City Civ Ct [22 NYCRR] § 208.14 [b] [2]). In support of his motion to vacate the default, it was incumbent on plaintiff to demonstrate both a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a] [1]; Semenov v Semenov, 98 AD3d 962 [2012]; Foskey v Alcindor, 32 Misc 3d 137[A], 2011 NY Slip Op 51537[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). Since plaintiff failed to [*2]demonstrate that he had a meritorious cause of action, we conclude that the Civil Court did not improvidently exercise its discretion in denying plaintiff's motion to vacate the dismissal of the action.

Accordingly, the order is affirmed.

Rios, J.P., Pesce and Solomon, JJ., concur.
Decision Date: November 29, 2013