Midland Funding, LLC v Compas

[*1] Midland Funding, LLC v Compas 2010 NY Slip Op 51846(U) [29 Misc 3d 130(A)] Decided on October 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 20, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., GOLIA and RIOS, JJ
2009-2033 Q C.

Midland Funding, LLC as Assignee of Beneficial Credit, Respondent,

against

Jean Compas, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered August 17, 2009. The order denied defendant's motion to vacate a default judgment.

ORDERED that the order is affirmed without costs.

In this action, plaintiff seeks to recover damages for breach of a credit card agreement. Upon defendant's default in appearing on an adjourned court date, the Civil Court awarded plaintiff judgment in the principal sum of $6,955.37. Defendant's motion to vacate the default judgment was denied.

In our view, the Civil Court did not improvidently exercise its discretion in denying defendant's motion. Defendant's excuse for his default, that he was under the care of a physician, was improperly raised for the first time on appeal and will not be considered (see Stanley Weisz, P.C. Retirement Plan v Holubar, 275 AD2d 704 [2000]). Moreover, defendant's conclusory allegations contained in his moving papers were insufficient to establish a meritorious defense to the action. Accordingly, the order denying defendant's motion to vacate the default judgment is affirmed.

Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: October 20, 2010