| Quality Burner Serv., Inc. v Dato |
| 2015 NY Slip Op 51207(U) [48 Misc 3d 137(A)] |
| Decided on August 3, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 District Court of Suffolk County, Sixth District (David A. Morris, J.), entered May 14, 2014. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this commercial claims action, plaintiff seeks to recover the principal sum of $593.49 for the installation of a boiler in defendant's home. Following mandatory arbitration, which resulted in an award in favor of plaintiff, defendant demanded a trial de novo (see Rules of Chief Judge [22 NYCRR] § 28.12). Prior to the date scheduled for the trial de novo, defendant requested an adjournment, which request was granted. On the adjourned date, defendant failed to appear, and an inquest was held, resulting in a default judgment in favor of plaintiff in the principal sum of $550. Thereafter, defendant's motion to vacate the default judgment was denied.
We find that the District Court did not improvidently exercise its discretion in denying defendant's motion to vacate the default judgment. Upon being advised that his request for an adjournment had been granted, defendant thereafter failed to ascertain the adjourned date of the trial de novo. Consequently, defendant did not demonstrate that he had a reasonable excuse for his failure to appear (see CPLR 5015 [a] [1]; see e.g. Pardee v B. Reitman Blacktop, Inc., 42 Misc 3d 137[A], 2014 NY Slip Op 50127[U] App Term, 9th & 10th Jud Dists 2014]). Furthermore, defendant failed to demonstrate the existence of a potentially meritorious defense to the action.
Accordingly, the order is affirmed.
Marano, P.J., Iannacci and Connolly, JJ., concur.