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Yanofsky v. Gallart

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51346 (N.Y. App. Term 2009)

Opinion

2008-375 S C.

Decided June 29, 2009.

Appeal from an order of the District Court of Suffolk County, Fourth District (Gigi A. Spelman, J.), dated January 23, 2008. The order denied plaintiff's motion to vacate a default judgment.

Order affirmed without costs.

PRESENT: RUDOLPH, P.J., MOLIA and NICOLAI, JJ.


In this small claims action, the District Court properly denied plaintiff's motion to vacate a judgment, which dismissed plaintiff's claim and awarded defendant the principal sum of $1,450 on her counterclaim, entered following plaintiff's second failure to appear at arbitration, as plaintiff did not establish good cause for her failure to proceed with the hearing (Rules of the Chief Judge [ 22 NYCRR] § 28.7 [a]; see e.g. Finamore v Huntington Cardiac Rehabilitation Assn., 150 AD2d 426; Sassower v Higbee, 96 AD2d 588; Brothers Aluminum Corp. v Boggio ,12 Misc 3d 130[A], 2006 NY Slip Op 51049[U] [App Term, 9th 10th Jud Dists 2006]).

Accordingly, the order is affirmed.

Rudolph, P.J., Molia and Nicolai, JJ., concur.


Summaries of

Yanofsky v. Gallart

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51346 (N.Y. App. Term 2009)
Case details for

Yanofsky v. Gallart

Case Details

Full title:GALE YANOFSKY, Appellant, v. MARLEN E . GALLART, Respondent

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

Date published: Jun 29, 2009

Citations

2009 N.Y. Slip Op. 51346 (N.Y. App. Term 2009)