Green v Scarsdale Ford, Inc.

[*1] Green v Scarsdale Ford, Inc. 2015 NY Slip Op 51067(U) Decided on July 13, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 13, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : TOLBERT, J.P., GARGUILO and CONNOLLY, JJ.
2014-259 W C

Timothy A. Green, Esq., Respondent, July 13, 2015

against

Scarsdale Ford, Inc., Appellant.

Appeal from an order of the City Court of White Plains, Westchester County (Brian Hansbury, J.), entered October 21, 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 $1,702.42 for breach of a car leasing contract, defendant moved to vacate a default judgment in the principal sum of $1,438.42 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.

Tolbert, J.P., Garguilo and Connolly, JJ., concur.

Decision Date: July 13, 2015