Coogan v Kramer

[*1] Coogan v Kramer 2004 NY Slip Op 51071(U) Decided on September 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 22, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS -x PRESENT : McCABE, P.J., COVELLO and TANENBAUM, JJ.
-x

TATIANA I. COOGAN, d/b/a CENTRAL TRANSMISSIONS & AUTOMOTIVE INC., Appellant, NO. 2004-96 N C DECIDED

against

KARL KRAMER and VACATION SENSATIONS WORLDWIDE OFFICES, Respondents. -x

Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (S. Pardes, J.), entered July 23, 2003, in favor of defendants dismissing the action.

Judgment unanimously affirmed without costs.

In this small claims action, plaintiff seeks to recover the cost of vacation vouchers she purchased from defendants, claiming that she did not receive sufficient disclosure regarding blackout dates which restricted the use of the vouchers. A review of the small claims trial indicates that substantial justice was done between the parties according to the rules and principles of substantive law (see UDCA 1807; Moses v Randolph, 236 AD2d 706, 707 [1997]). We note that the lower court did not abuse its discretion in granting defendants' motion to vacate a judgment previously entered on default as defendants' moving papers established both an excusable default and a meritorious defense (see Berry v Aquila Realty Co., 6 AD3d 563 [2004]).
Decision Date: September 22, 2004