Munoz v KittyKind, Inc.

[*1] Munoz v KittyKind, Inc. 2015 NY Slip Op 51396(U) Decided on October 1, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 1, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570717/15

Daniel Munoz, Plaintiff- -

against

KittyKind, Inc. and Catherine Christel, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Nancy M. Bannon, J.), dated August 5, 2013, which denied his motion to vacate his default in appearing at a pretrial conference.

Per curiam.

Order (Nancy M. Bannon, J.), dated August 5, 2013, affirmed, with $10 costs.

A motion to vacate a dismissal for failure to appear at a scheduled conference (22 NYCRR 208.14[b]) must be supported by a showing of a reasonable excuse for the failure to appear and a meritorious cause of action (see Travis v Allstate Ins. Co., 12 Misc 3d 135[A], 2006 NY Slip Op 51230[U] [App Term, 1st Dept 2006]). Even assuming that plaintiff showed a reasonable excuse for his failure to appear at the scheduled conference, there was no abuse of discretion in the denial of plaintiff's motion to vacate the default in view of his failure to provide any sworn affidavit or other evidentiary proof demonstrating a meritorious cause of action for replevin (see Biton v Turco, 88 AD3d 519 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concurI concur
Decision Date: October 01, 2015