Hassan v Executive Towers At Lido, LLC

[*1] Hassan v Executive Towers At Lido, LLC 2010 NY Slip Op 51895(U) [29 Misc 3d 131(A)] Decided on November 8, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 8, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., TANENBAUM and LaCAVA, JJ
2008-2293 S C.

Erika B. Hassan, Respondent,

against

Executive Towers at Lido, LLC, SHELLY KNOLL and CAROLYN FRIED, Appellants.

Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated November 21, 2008. The order denied defendants' motion to vacate a default judgment.

ORDERED that the order is affirmed without costs.

In this small claims action to recover a security deposit, we find that the District Court did not improvidently exercise its discretion in denying defendants' motion to vacate the default judgment, since defendants failed to demonstrate that they had a reasonable excuse for their default in appearance (see CPLR 5015 [a] [1]; Eugene D. Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). We note that defendants did not submit sworn proof detailing why defendant Fried was, for medical reasons, unable to appear on the adjourned trial date. It is further noted that no reasonable excuse was proffered as to defendant Shelly Knoll's failure to appear in court that day. Accordingly, the order is affirmed.

Molia, J.P., Tanenbaum and LaCava, JJ., concur.
Decision Date: November 08, 2010