| Espinoza v Khan |
| 2016 NY Slip Op 50220(U) [50 Misc 3d 143(A)] |
| Decided on February 23, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered November 6, 2014. The order denied plaintiff'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 $4,139.23, plaintiff moved to vacate a default judgment which had dismissed his cause of action and awarded defendant $5,000 on a counterclaim. Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion in denying plaintiff's motion, since plaintiff failed to demonstrate that he had a reasonable excuse for his default in appearance, a meritorious cause of action, or a meritorious defense to the counterclaim (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). We note that we do not consider materials annexed to plaintiff's appellate brief which are dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
Accordingly, the order is affirmed.
Pesce, P.J., Weston and Solomon, JJ., concur.