Midland Funding, LLC v Waiters

[*1] Midland Funding, LLC v Waiters 2009 NY Slip Op 51574(U) [24 Misc 3d 137(A)] Decided on July 14, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 14, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., RIOS and STEINHARDT, JJ
2008-893 K C.

Midland Funding, LLC, Respondent,

against

Nina Waiters, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered January 16, 2008. The order denied defendant's motion to vacate a default judgment.

Order affirmed without costs.

In this action to recover for breach of a credit card agreement and upon an account stated, plaintiff's motion for summary was granted on default by order dated November 30, 2007, and a default judgment was entered on March 19, 2008. Thereafter, defendant moved to vacate the default judgment. By order entered January 4, 2008, the Civil Court denied defendant's motion.

In order to vacate the default judgment, defendant was required to demonstrate a reasonable excuse for her default and a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v A. C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Defendant failed to demonstrate a reasonable excuse for her default, and she admitted that the balance owed was correct. Consequently, the Civil Court did not improvidently exercise its discretion in denying the motion. Accordingly, the order is affirmed.

Weston, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 14, 2009