Klarides v Unified

[*1] Klarides v Unified 2012 NY Slip Op 50569(U) Decided on March 28, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 28, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : LaCAVA, J.P., MOLIA and IANNACCI, JJ
2011-985 N C.

Froso Klarides, Respondent,

against

Unified, Appellant.

Appeal from an order of the District Court of Nassau County, Second District (Michael A. Ciaffa, J.), entered February 14, 2011. The order, insofar as appealed from as limited by the brief, denied defendant's motion to vacate a default judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this small claims action to recover the principal sum of $2,407.17, representing the cost incurred by plaintiff to repair certain home improvement work performed by defendant, a default judgment was entered on November 3, 2010. Thereafter, defendant moved to vacate the default judgment. Upon a review of the record, we find that the District Court did not improvidently exercise its discretion in denying defendant's motion to vacate the default judgment since defendant failed to demonstrate a reasonable excuse for failing to appear at trial. In view of the foregoing, it is unnecessary to consider whether defendant sufficiently established the existence of a meritorious defense to the action (see HSBC Bank USA, N.A. v Roldan, 80 AD3d 566 [2011]).

Accordingly, the order, insofar as appealed from, is affirmed. LaCava, J.P., Molia and Iannacci, JJ., concur.
Decision Date: March 28, 2012