Montauk Automatic, Inc. v. Munhall

Full title: MONTAUK AUTOMATIC, INC., Appellant, v. THOMAS MUNHALL, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 28, 1994

201 A.D.2d 710 (N.Y. App. Div. 1994)

608 N.Y.S.2d 299

Opinion

February 28, 1994

Appeal from the Supreme Court, Nassau County (Lockman, J.).

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly exercised its discretion in denying the plaintiff's motion to vacate its default in failing to oppose the defendant's motion pursuant to CPLR 3126 to strike the complaint. The plaintiff failed to establish a reasonable excuse for its default and produced no affidavit establishing that its claim had merit (see, Bender Bodnar v. Nankin, 186 A.D.2d 524; Moody v. Burgos, 151 A.D.2d 555). Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.