Opinion
2004-970 SC.
Decided February 17, 2005.
Appeal by defendant from an order of the Small Claims Part of the District Court, Suffolk County (J. Flanagan, J.), dated June 2, 2004, which denied his motion to vacate a default judgment.
Order unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
In this small claims action to recover commissions, the court below did not improvidently exercise its discretion by denying defendant's motion to vacate the default judgment ( see CPLR 5015 [a] [1]; Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 NY2d 831; Barasch v. Micucci, 49 NY2d 594; Martinez v. Otis El. Co., 213 AD2d 523; Tandy Computer Leasing v. Video X Home Lib., 124 AD2d 530). Accordingly, the trial court provided the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125, 126).