Aloisio v Kanar

[*1] Aloisio v Kanar 2006 NY Slip Op 51339(U) [12 Misc 3d 139(A)] Decided on May 24, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
2005-1226 K C.

Charles Aloisio, Respondent,

against

Richard Kanar, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (George J. Silver, J.), entered on April 28, 2005. The order denied defendant's motion to vacate a default judgment.

Order affirmed without costs.

In this small claims action for breach of contract, defendant's motion to vacate a default judgment was properly denied by the court below. The defendant failed to establish a reasonable excuse for his default or a meritorious defense to the action (see CPLR 5015).

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: May 24, 2006