A.D.E. Sys., Inc. v Utica HVAC Cent., Inc.

[*1] A.D.E. Sys., Inc. v Utica HVAC Cent., Inc. 2007 NY Slip Op 51159(U) [15 Misc 3d 144(A)] Decided on June 1, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 1, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2006-695 K C.

A.D.E. Systems, Inc., Respondent,

against

Utica HVAC Central, Inc. d/b/a Blizzard Mechanical, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered December 12, 2005. The order denied defendant's motion to, inter alia, vacate a default judgment.

Order affirmed without costs.

In this action seeking the balance due for goods sold and delivered, the court granted defendant's motion to vacate a default judgment on condition that defendant serve and file an answer upon plaintiff and file proof of service of the answer with the court within 20 days of the order. The court further directed that the judgment stand as security pending the litigation and that should defendant fail to comply with the
condition of the vacatur, plaintiff shall be entitled to execute on the judgment. Following defendant's failure to comply with the condition of the vacatur, the marshal obtained a partial satisfaction of the judgment. Thereafter, defendant again moved, inter alia, to vacate the default judgment. Upon a review of the record, we find that defendant has failed to establish a reasonable excuse for its default (see CPLR 5015 [a]). Accordingly, the order denying defendant's motion is affirmed.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.