Asset Acceptance, LLC v. Fedoko

Full title: ASSET ACCEPTANCE, LLC, Respondent, v. NATALIA STRENIC FEDOKO, Appellant

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

Date published: Oct 13, 2009

2009 N.Y. Slip Op. 52119 (N.Y. App. Term 2009)

901 N.Y.S.2d 904

Opinion

2008-1900 K C.

Decided October 13, 2009.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kathryn E. Freed, J.), entered July 3, 2008. The order denied defendant's motion seeking, in effect, to open a default and restore the case to the calendar.

ORDERED that the order is affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.

In this action to recover for breach of contract and upon an account stated, defendant defaulted in appearing at trial and thereafter moved, in effect, to open the default and restore the case to the calendar. The Civil Court denied defendant's motion, finding that defendant had not established a basis to open the default.

In our view, the Civil Court did not improvidently exercise its discretion in denying defendant's motion since defendant failed to sufficiently demonstrate a reasonable excuse for her default or a meritorious defense to the action ( see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138). Accordingly, the order is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.