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Cach, LLC, Respondent v. Hillary Okafor

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


January 13, 2012

CACH, LLC, RESPONDENT,
v.
HILLARY OKAFOR, APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered March 26, 2010.

Cach, LLC v Okafor

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 13, 2012

PRESENT: GOLIA, J.P., WESTON and RIOS, JJ

The order, insofar as appealed from as limited by the brief, denied the branch of defendant's motion seeking to vacate a default judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action to recover for breach of a credit card agreement and upon an account stated, defendant's counsel failed to appear in court on the return date of plaintiff's motion for summary judgment, and the motion was granted on default. A default judgment was subsequently entered in favor of plaintiff. Thereafter, defendant moved to, among other things, vacate the default judgment.

In support of the motion, defendant was required to establish both a reasonable excuse for the default and a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Upon a review of defendant's moving papers, we find that defendant failed to establish a meritorious defense to the action. Consequently, the Civil Court did not improvidently exercise its discretion in denying the branch of defendant's motion seeking to vacate the default judgment. Accordingly, the order, insofar as appealed from, is affirmed.

Golia, J.P., Weston and Rios, JJ., concur.

Decision Date: January 13, 2012

20120113

© 1992-2012 VersusLaw Inc.



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