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Froso Klarides v. Unified

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


March 28, 2012

FROSO KLARIDES,
RESPONDENT, --
v.
UNIFIED,
APPELLANT.

Appeal from an order of the District Court of Nassau County, Second District (Michael A. Ciaffa, J.), entered February 14, 2011.

Klarides v Unified

Decided on March 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.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: LaCAVA, J.P., MOLIA and IANNACCI, JJ

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

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

In this small claims action to recover the principal sum of $2,407.17, representing the cost incurred by plaintiff to repair certain home improvement work performed by defendant, a default judgment was entered on November 3, 2010. Thereafter, defendant moved to vacate the default judgment. Upon a review of the record, we find that the District Court did not improvidently exercise its discretion in denying defendant's motion to vacate the default judgment since defendant failed to demonstrate a reasonable excuse for failing to appear at trial. In view of the foregoing, it is unnecessary to consider whether defendant sufficiently established the existence of a meritorious defense to the action (see HSBC Bank USA, N.A. v Roldan, 80 AD3d 566 [2011]).

Accordingly, the order, insofar as appealed from, is affirmed.

LaCava, J.P., Molia and Iannacci, JJ., concur.

Decision Date: March 28, 2012

20120328

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