Discover Bank v. Rotimi Adedeji

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin K. Sheares, J.), entered October 29, 2010.

Discover Bank v Adedeji

Decided on March 6, 2012

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 This opinion is uncorrected and will not be published in the printed Official Reports.

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

The order denied defendant's motion to open his default.

ORDERED that the appeal is dismissed as academic.

In this action, plaintiff seeks to recover for breach of a credit card agreement and based upon an account stated. After defendant defaulted in appearing for trial, he moved to open his default. The court denied the motion on the ground that defendant had failed to establish a meritorious defense and a reasonable excuse for his default. Thereafter, the parties entered into a stipulation settling the action. Consequently, the appeal is dismissed as academic, as the parties have settled the action (see Matter of Wiggington v Benton, 207 AD2d 553 [1994]). Weston, J.P., Rios and Aliotta, JJ., concur. Decision Date: March 06, 2012

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