Opinion
Decided October 26, 2005.
Defendant appeals from an order of the Civil Court, Bronx County, entered February 1, 2005 (Fernando Tapia, J.) which denied his motion to vacate a default judgment.
Order entered on February 1, 2005 (Fernando Tapia, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
Civil Court did not abuse its discretion in denying defendant's motion to vacate his default. Even if we were to find that defendant established a reasonable excuse for the default, i.e., inadvertent office failure, he failed to meet his burden of demonstrating a meritorious defense to the action. Defendant's motion is supported by the affirmation of counsel, who does not purport to have personal knowledge of the circumstances surrounding defendant's vacatur of the apartment or plaintiff's alleged tortious actions that prevented defendant from subletting the subject apartment ( see Figueroa v. Luna, 281 AD2d 204). Moreover, counsel's conclusory statement that defendant could produce witnesses to plaintiff's alleged tortious action is insufficient to make out a meritorious defense.
This constitutes the decision and order of the court.