Cross Country Bank v Iacono

[*1] Cross Country Bank v Iacono 2008 NY Slip Op 51955(U) [21 Misc 3d 128(A)] Decided on September 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 29, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : McCABE, J.P., TANENBAUM and MOLIA, JJ
2006-1684 N C.

Cross Country Bank, Respondent,

against

Kenneth Iacono, Appellant.

Appeal from an order of the District Court of Nassau County, First District (Anthony W. Paradiso, J.), dated August 24, 2006. The order denied defendant's motion to vacate a judgment entered upon his default.

Order affirmed without costs.

In this action based upon a breach of a credit card agreement, the matter was submitted for mandatory arbitration pursuant to Part 28 of the Rules of the Chief Judge. Defendant defaulted in appearing at the arbitration, and a default judgment was subsequently entered against him. Defendant's motion to vacate said default was denied. A review of defendant's moving papers reveals that he failed to establish the requisite good cause to warrant the granting of his motion (see Rules of the Chief Judge [22 NYCRR] § 28.7 [a]; Landa, Picard & Weinstein v Ruesch, 102 AD2d 813 [1984]; Sassower v Higbee, 96 AD2d 588 [1983]; Jerue v Poppy's Auto Parts & Wreckers, 14 Misc 3d 131[A], 2007 NY Slip Op 50054[U] [App Term, 9th & 10th Jud Dists 2007]). Accordingly, the lower court properly denied defendant's motion.

McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: September 29, 2008