Gannon v Riverview

[*1] Gannon v Riverview 2014 NY Slip Op 50803(U) Decided on May 7, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 7, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., IANNACCI and TOLBERT, JJ.
2013-472 D C

Jeffrey C. Gannon, Respondent,

against

Eagle Riverview, Appellant.

Appeal from an order of the City Court of Poughkeepsie, Dutchess County (Frank M. Mora, J.), entered January 28, 2013. 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 principal sum of $850.94, representing the value of equipment, supplies and materials that defendant had failed to return to plaintiff, defendant moved to vacate a default judgment that had been entered against it. Upon a review of the record, we find that the City Court did not improvidently exercise its discretion in denying defendant's motion since defendant failed to demonstrate that it had a reasonable excuse for its default in appearance (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.

Nicolai, P.J., Iannacci and Tolbert, JJ., concur.

Decision Date: May 07, 2014