Stoianoff v Consolidated Edison Co. of N. Y., Inc.

[*1] Stoianoff v Consolidated Edison Co. of N. Y., Inc. 2007 NY Slip Op 51268(U) [16 Misc 3d 128(A)] Decided on June 18, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 18, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., LaCAVA and EMERSON, JJ
2006-1534 W C.

Carroll B. Stoianoff, Appellant,

against

Consolidated Edison Co. of New York, Inc., Respondent.

Appeal from an order of the Justice Court of the Village of Briarcliff Manor, Westchester County (Fred D. Weinstein, J.), entered July 28, 2006. The order denied plaintiff's motion for entry of a default judgment.

Order affirmed without costs.

In this action for breach of contract, plaintiff appearing pro se failed to establish
that the summons was issued in accordance with UJCA 401 (a). Consequently, the court below properly denied plaintiff's motion for entry of a default judgment.

Rudolph, P.J., LaCava and Emerson, JJ., concur.
Decision Date: June 18, 2007