Discover Bank v Sosa

[*1] Discover Bank v Sosa 2004 NY Slip Op 50516(U) Decided on May 25, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 25, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:DECIDED May 25, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2003-1102 Q C

DISCOVER BANK, Appellant,

against

MILEDY SOSA, Respondent.

Appeal by plaintiff from so much of an order of the Civil Court, Queens County (E. Walker, J.), entered December 10, 2002, granting defendant's motion to open her default as awarded defendant $50 costs and provided that upon plaintiff's proof of payment of same, the matter would be restored to the trial calendar.

Order insofar as appealed from unanimously reversed without costs, the award to defendant of $50 costs upon the granting of her motion stricken and matter restored to the trial calendar.

Under the circumstances presented herein, the court's imposition of costs against plaintiff for opposing defendant's motion to open her default was inappropriate (CCA 1906 [a]).
Decision Date: May 25, 2004