McLean v Vogt

[*1] McLean v Vogt 2005 NY Slip Op 51890(U) [10 Misc 3d 127(A)] Decided on November 4, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: November 4, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
2004-541 N C

Frank McLean and McLEAN CLEAN-UP AND TREE SERVICE, Respondents,

against

Calvin Vogt, Appellant.

Appeal from an order of the District Court of Nassau County, Second District (Anna R. Anzalone, J.), dated January 30, 2004. The order denied defendant's motion to vacate the default judgment.

Order unanimously affirmed without costs.

In this small claims action to recover damages for services rendered, defendant defaulted and a judgment was entered against him in August 2002. In January 2004, defendant moved to vacate the default judgment, which motion was denied. Upon a review of the record, we find that although defendant provided a meritorious defense to the action, i.e., the wrong party was allegedly being sued, he failed to provide a reasonable excuse for his default. Consequently, the court below providently exercised its discretion in denying defendant's motion to vacate the default judgment and substantial justice has been done between the parties according to the rules and principles of substantive law (see UDCA 1807).
Decision Date: November 04, 2005