Yanofsky v Gallart

[*1] Yanofsky v Gallart 2009 NY Slip Op 51346(U) [24 Misc 3d 130(A)] Decided on June 29, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., MOLIA and NICOLAI, JJ
2008-375 S C.

Gale Yanofsky, Appellant,

against

Marlene . Gallart, Respondent.

Appeal from an order of the District Court of Suffolk County, Fourth District (Gigi A. Spelman, J.), dated January 23, 2008. The order denied plaintiff's motion to vacate a default judgment.

Order affirmed without costs.

In this small claims action, the District Court properly denied plaintiff's motion to vacate a judgment, which dismissed plaintiff's claim and awarded defendant the principal sum of $1,450 on her counterclaim, entered following plaintiff's second failure to appear at arbitration, as plaintiff did not establish good cause for her failure to proceed with the hearing (Rules of the Chief Judge [22 NYCRR] § 28.7 [a]; see e.g. Finamore v Huntington Cardiac Rehabilitation Assn., 150 AD2d 426 [1989]; Sassower v Higbee, 96 AD2d 588 [1983]; Brothers Aluminum Corp. v Boggio, 12 Misc 3d 130[A], 2006 NY Slip Op 51049[U] [App Term, 9th & 10th Jud Dists 2006]).

Accordingly, the order is affirmed.

Rudolph, P.J., Molia and Nicolai, JJ., concur.
Decision Date: June 29, 2009