| Gannon v Riverview |
| 2014 NY Slip Op 50803(U) [43 Misc 3d 139(A)] |
| Decided on May 7, 2014 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the City Court of Poughkeepsie, Dutchess County (Frank M. Mora, J.), entered January 28, 2013. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this small claims action to recover the principal sum of $850.94, representing the value of equipment, supplies and materials that defendant had failed to return to plaintiff, defendant moved to vacate a default judgment that had been entered against it. Upon a review of the record, we find that the City Court did not improvidently exercise its discretion in denying defendant's motion since defendant failed to demonstrate that it had a reasonable excuse for its default in appearance (see CPLR 5015 [a] [1] Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is affirmed.
Nicolai, P.J., Iannacci and Tolbert, JJ., concur.