Colorado Capital Invs., Inc. v Rivera

[*1] Colorado Capital Invs., Inc. v Rivera 2010 NY Slip Op 52161(U) [29 Misc 3d 142(A)] Decided on December 10, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 10, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2009-2126 K C.

COLORADO CAPITAL INVESTMENTS, INC. successor in interest to CITIBANK, Respondent,

against

Heriberto F. Rivera, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered May 24, 2007. The order denied defendant's motion to vacate a default judgment.

ORDERED that the order is affirmed, without costs.

In this action to recover the balance due on a credit card debt, a default judgment was entered in favor of plaintiff upon defendant's failure to appear or answer. By order entered May 24, 2007, defendant's motion to vacate the default judgment was denied. Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion in denying defendant's motion since defendant failed to show a reasonable excuse for his default and a meritorious defense (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: December 10, 2010