Bailey v Wireless

[*1] Bailey v Verizon Wireless 2007 NY Slip Op 51490(U) [16 Misc 3d 133(A)] Decided on July 12, 2007 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through August 13, 2007; it will not be published in the printed Official Reports.

Decided on July 12, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2006-1152 K C.

Christopher Bailey, Appellant,

against

Verizon Wireless, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered May 5, 2006. The order denied plaintiff's motion to vacate the order of March 27, 2006, entered upon plaintiff's default, which granted defendant's motion to vacate a default judgment entered against it and dismissed the complaint.

Order affirmed without costs.

In this action brought by self-represented plaintiff to recover for personal injuries he allegedly sustained in defendant's store, an order was entered upon plaintiff's default, granting defendant's motion to vacate a default judgment entered against it and dismissing the complaint for plaintiff's failure to comply with defendant's discovery demands. Plaintiff moved to vacate said order and to restore his action to the calendar. Inasmuch as the affidavit in support of plaintiff's motion established neither a reasonable excuse for his failure to appear on the return date of defendant's motion nor a meritorious claim (CPLR 5015 [a]), the court below providently exercised its discretion in denying plaintiff's motion.

Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: July 12, 2007