Appeal from an order of the Civil Court of the City of New York, Kings County (Robin K. Sheares, J.), entered December 28, 2010.
Chase Bank USA, N.A. v Lev
Decided on August 7, 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This opinion is uncorrected and will not be published in the printed Official Reports.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: PESCE, P.J., RIOS and SOLOMON, JJ
The order denied defendant's motion, in effect, to open a default.
ORDERED that the order is affirmed, without costs.
After defaulting in appearing for trial in this action to recover for breach of a credit card agreement and upon an account stated, defendant moved, in effect, to open his default. The Civil Court denied defendant's motion.
In our view, the Civil Court did not improvidently exercise its discretion in denying defendant's motion since he had failed to sufficiently demonstrate a reasonable excuse for his default or a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 ). Accordingly, the order is affirmed.
Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: August 07, 2012
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