Greathouse v 12-14 E. 64th Owners Corp.

[*1] Greathouse v 12-14 E. 64th Owners Corp. 2013 NY Slip Op 50298(U) Decided on March 1, 2013 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 1, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Torres, J.P., Schoenfeld, Shulman, JJ
571061/12.

Patricia J. Greathouse, Plaintiff-Appellant,

against

12-14 East 64th Owners Corporation c/o Eden Collinsworth, President of The Board, Defendant-Respondent.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Margaret A. Chan, J.), dated July 12, 2012, which granted defendant's motion to vacate a default judgment.

Per Curiam.

Order (Margaret A. Chan, J.), dated July 12, 2012, reversed, without costs, motion denied and default judgment reinstated.

The corporate defendant failed to demonstrate entitlement to vacatur relief from its default in appearing on the scheduled trial date, there being no showing of a meritorious defense to plaintiff's small claims action. The bald assertion made by defendant's employee that defendant has "always been ready to litigate the matter" is hardly sufficient to demonstrate the merits of its defense, and this even in the context of the "informal and simplified procedures" (CCA 1804) governing small claims matters (see generally Ragosto v Triborough Bridge & Tunnel Auth., 173 Misc 2d 560, 561 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 01, 2013