| Vonderhofen v Atlantic Ave. Auto Repairs, Inc. |
| 2016 NY Slip Op 50404(U) [51 Misc 3d 131(A)] |
| Decided on March 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Queens County (Cheree A. Buggs, J.), entered April 28, 2014. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this small claims action, defendant moved to vacate a default judgment in the principal sum of $2,200 that had been entered against it after it had failed to appear for trial. Upon a review of the record, we find that the Civil 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 and a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]).
We note that we do not consider those factual assertions contained in defendant's brief, or the materials annexed thereto, that 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.