Chase Bank USA, N.A. v Lev

[*1] Chase Bank USA, N.A. v Lev 2012 NY Slip Op 51635(U) Decided on August 7, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 7, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and SOLOMON, JJ
2011-1236 K C.

Chase Bank USA, N.A., Respondent,

against

Jacob J. Lev, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin K. Sheares, J.), entered December 28, 2010. The order denied defendant's motion, in effect, to open a default.

ORDERED that the order is affirmed, without costs.

After defaulting in appearing for trial in this action to recover for breach of a credit card agreement and upon an account stated, defendant moved, in effect, to open his default. The Civil Court denied defendant's motion.

In our view, the Civil Court did not improvidently exercise its discretion in denying defendant's motion since he had failed to sufficiently demonstrate a reasonable excuse
for his 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., Rios and Solomon, JJ., concur. [*2]
Decision Date: August 07, 2012