Infante v Bisnauthsing

[*1] Infante v Bisnauthsing 2007 NY Slip Op 51231(U) [16 Misc 3d 127(A)] Decided on June 20, 2007 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 20, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570608/06.

Julie Infante and Nelson Infante, Plaintiffs-Respondents,

against

Garnish Bisnauthsing a/k/a Ganesh Bisnuathsing, Catalogfurniture.com Versailles Furniture Corp., G-Style Furniture, Defendants-Respondents.

Defendant Versailles Furniture Corp. appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered June 29, 2006, which denied its motion to vacate a default judgment.

Per Curiam.

Order (Joan M. Kenney, J.), entered June 29, 2006, affirmed, with $10 costs.

Inasmuch as defendant Versailles Furniture Corp. failed to establish a meritorious defense to this action (see CPLR 5015[a]), its motion to vacate the default judgment, entered after defendants failed to pay plaintiff $11,000 as required by the terms of a so-ordered settlement stipulation and to appear on plaintiff's motion to restore the matter to the calendar, was properly denied. Defendant's claim that the stipulation was altered after it was executed, raised for the first time on appeal, is not properly considered, and in any event, has no support in the record.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 20, 2007