Mirza v Queens Blvd. Tower Condominium

[*1] Mirza v Queens Blvd. Tower Condominium 2014 NY Slip Op 51666(U) Decided on November 6, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-1504 Q C

Awais B. Mirza, Appellant,

against

Queens Boulevard Tower Condominium, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered May 9, 2013. The order denied plaintiff's motion to vacate an order of the same court entered February 11, 2013 granting defendant's unopposed motion to dismiss the action.

ORDERED that the order is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $3,000 representing the deposit she had made in connection with her bid on a foreclosed condominium unit. Defendant subsequently moved to dismiss the action. By order entered February 11, 2013, the Civil Court granted defendant's unopposed motion. Plaintiff moved to vacate the order, which motion was denied by order of the Civil Court entered May 9, 2013.

In moving to vacate the default order, plaintiff failed to demonstrate the existence of a meritorious cause of action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Mora v Scarpitta, 52 AD3d 663 [2008]). Consequently, the Civil Court did not improvidently exercise its discretion in denying plaintiff's motion to vacate the February 11, 2013 order.

Accordingly, the order is affirmed

Pesce, P.J., Aliotta and Elliot, JJ., concur.

Decision Date: November 06, 2014