Asset Acceptance, LLC v Fedoko

[*1] Asset Acceptance, LLC v Fedoko 2009 NY Slip Op 52119(U) [25 Misc 3d 130(A)] Decided on October 13, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 13, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2008-1900 K C.

Asset Acceptance, LLC, Respondent,

against

Natalia Strenic Fedoko, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kathryn E. Freed, J.), entered July 3, 2008. The order denied defendant's motion seeking, in effect, to open a default and restore the case to the calendar.

ORDERED that the order is affirmed without costs.

In this action to recover for breach of contract and upon an account stated, defendant defaulted in appearing at trial and thereafter moved, in effect, to open the default and restore the case to the calendar. The Civil Court denied defendant's motion, finding that defendant had not established a basis to open the default.

In our view, the Civil Court did not improvidently exercise its discretion in denying defendant's motion since defendant failed to sufficiently demonstrate a reasonable excuse for her default or a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]). Accordingly, the order is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: October 13, 2009