Citibank (SD), N.A. v Ramnarine

[*1] Citibank (SD), N.A. v Ramnarine 2006 NY Slip Op 52373(U) [14 Misc 3d 126(A)] Decided on December 8, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 8, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and BELEN, JJ
2006-287 Q C.

CITIBANK (SD), N.A., Respondent,

against

DHARAMDEO RAMNARINE, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Gerald Dunbar, J.), entered November 10, 2005. The order denied defendant's motion to vacate a default and to dismiss the complaint.

Order affirmed without costs.

The court below properly denied defendant's motion to vacate a default in appearing and to dismiss the complaint pursuant to CPLR 3211 (a) (8) for lack of personal jurisdiction. Defendant's first motion to dismiss on this ground was made within the 60-day period provided for by CPLR 3211 (e) and was denied on default, as
defendant failed to appear for argument. Defendant's counsel waited an additional month to make the present motion but utterly failed to provide an acceptable excuse for failing to appear on the return date of the prior motion, providing only a conclusory statement by a per diem attorney that the attorney missed the calendar call because he had "another matter on at the same time" (see Escobar v Koeppel Volkswagen, Inc. Used Cars, 10 Misc 3d 127[A], 2005 NY Slip Op 51889[U] [App Term, 2d & 11th Jud Dists]). Consequently, the instant motion was properly denied.

Pesce, P.J., Golia and Belen, JJ., concur.