Dougherty v Daleo

[*1] Dougherty v Daleo 2010 NY Slip Op 51189(U) [28 Misc 3d 128(A)] Decided on July 7, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through July 9, 2010; it will not be published in the printed Official Reports.

Decided on July 7, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2009-1082 S C.

John D. Dougherty, Respondent,

against

Anthony Daleo, Appellant.

Appeal from an order of the District Court of Suffolk County, Sixth District (Kevin J. Crowley, J.), dated March 20, 2009. The order denied defendant's motion to vacate a default judgment.

ORDERED that the order is affirmed without costs.

In this small claims action to recover the balance allegedly due for the purchase of an automobile, the District Court denied defendant's motion to vacate a default judgment. Upon a review of the record, we find that the District Court did not improvidently exercise its discretion in denying the motion, since defendant failed to demonstrate a reasonable excuse for his default and a meritorious defense (see CPLR 5015 [a] [1]; Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831 [1987]; Barasch v Micucci, 49 NY2d 594 [1980]; Martinez v Otis El. Co., 213 AD2d 523 [1995]; Tandy Computer Leasing v Video X Home Lib., 124 AD2d 530 [1986]). As substantial justice has been rendered between the parties in accordance with the rules and principles of substantive law (UDCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]), the order is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: July 07, 2010