LVNV Funding LLC v Parham

[*1] LVNV Funding LLC v Parham 2008 NY Slip Op 51548(U) [20 Misc 3d 137(A)] Decided on July 10, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 10, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ
2007-899 N C.

LVNV Funding LLC a/p/o SEARS, Respondent,

against

Randolph S. Parham a/k/a RANDOLPH BROWN, Appellant.

Appeal from an order of the District Court of Nassau County, Second District (Andrew M. Engel, J.), entered March 27, 2007. The order denied defendant's motion to vacate a default judgment.

Order affirmed without costs.

In this action seeking to recover the balance due on a credit card account, a default judgment was entered against defendant in the sum of $11,910.24. Defendant's motion to vacate the default judgment was denied by the court below, and the instant appeal by defendant ensued.

A review of the record on appeal indicates that defendant failed to establish that he did not receive notice of the action in time to defend so as to come within the purview of CPLR 317 (see Citibank [SD] N.A. v Cresson, 19 Misc 3d 140[A], 2008 NY Slip Op 50908[U] [App Term, 9th & 10th Jud Dists 2008]). Moreover, defendant failed to establish a reasonable excuse for the delay or a meritorious defense to the action (see CPLR 5015 [a] [1]). Accordingly, the lower court did not improvidently exercise its discretion in denying defendant's motion to vacate the default judgment.

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: July 10, 2008