GE Money Bank v Carpenter

[*1] GE Money Bank v Carpenter 2010 NY Slip Op 50596(U) [27 Misc 3d 128(A)] Decided on April 2, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 2, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
2008-2117 K C.

GE Money Bank, Respondent,

against

Taurina R. Carpenter, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered July 10, 2008, deemed from a judgment of the same court entered November 12, 2008 (CPLR 5520 [c]). The judgment, entered upon defendant's default in appearing and answering, awarded plaintiff the principal sum of $1,203.29. The appeal from the judgment brings up for review the order entered July 10, 2008, which denied defendant's motion seeking, in effect, to open a default and to restore the matter to the trial calendar.

ORDERED that the judgment is affirmed without costs.

A defendant seeking to open a default on the ground that the default was excusable is required to demonstrate a reasonable excuse for the default and the existence of a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]). While the record demonstrates that defendant offered a reasonable excuse for defaulting, the affidavit in support of the motion merely intones that a defense exists. Since defendant has not established a meritorious defense to the action, her motion to open the default was properly denied. Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: April 02, 2010