Dove v Hussan

[*1] Dove v Hussan 2009 NY Slip Op 52212(U) [25 Misc 3d 133(A)] Decided on October 23, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2008-1680 K C.

Zeb T. Dove, Respondent,

against

Delwar Hussan d/b/a SURAT REALTY, Appellant.

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

ORDERED that the order is affirmed without costs.

In this small claims action to recover for damages sustained to plaintiff's personal property, a default judgment was entered against defendant in the principal sum of $1,992.24. By order entered July 16, 2008, the Civil Court denied defendant's motion to vacate the default judgment, and this appeal by defendant ensued.

In order to vacate a default judgment under CPLR 5015 (a), a defaulting defendant must demonstrate a reasonable excuse for the default and a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]). Defendant's conclusory allegation was insufficient to establish a meritorious defense. We note that matters raised for the first time on appeal will not be considered (see Stanley Weisz, P.C. Retirement Plan v Holubar, 275 AD2d 704 [2000]). Accordingly, as the order denying defendant's motion to vacate the default judgment rendered substantial justice between the parties according to the rules and principles of substantive law (CCA 1807), the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 23, 2009