Utica Mut. Ins. Co. v McCorvey
2014 NY Slip Op 02670 [116 AD3d 560]
April 17, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


Utica Mutual Insurance Company, as Subrogee of Ferro Enterprises NY LLC, Respondent,
v
James McCorvey, Jr., Appellant.

—[*1] Sweetbaum & Sweetbaum, Lake Success (Marshall D. Sweetbaum of counsel), for appellant.

Randall B. Smith, P.C., Melville (Joshua D. Smith of counsel), for respondent.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about April 17, 2013, which denied defendant's motion, inter alia, to vacate a default judgment and dismiss the complaint, unanimously affirmed, without costs.

Defendant did not proffer a reasonable excuse for his default. The record supports plaintiff's claim that defendant engaged in a pattern of default that warranted the denial of his motion to vacate the default.

In light of the above, we need not reach the merits of defendant's defense. Concur—Friedman, J.P., Sweeny, Andrias, Gische and Clark, JJ.