Opinion
10933 Ind. 152864/18
01-30-2020
Asimida BESLER, et al., Plaintiffs–Respondents, v. Kreshnik UZIERI also known as Kreshnik Uzeiri, Defendant–Appellant.
Frank M. Graziadei, P.C., New York (Frank M. Graziadei of counsel), for appellant. Boris Kogan & Associates, New York (Boris Kogan of counsel), for respondents.
Frank M. Graziadei, P.C., New York (Frank M. Graziadei of counsel), for appellant.
Boris Kogan & Associates, New York (Boris Kogan of counsel), for respondents.
Richter, J.P., Gische, Mazzarelli, Gesmer, JJ.
Order, Supreme Court, New York County (Robert D. Kalish, J.), entered on or about March 28, 2019, which, inter alia, denied defendant's motion to vacate a default judgment entered against him, unanimously affirmed, without costs.
Defendant failed to demonstrate a reasonable excuse for his default. Defendant's claim that he was unfamiliar with the legal system and did not understand that he needed an attorney to represent him, does not constitute a reasonable excuse for his failure to timely appear and oppose plaintiffs' motion for summary judgment in lieu of complaint (see U.S. Bank N.A. v. Brown, 147 A.D.3d 428, 429, 46 N.Y.S.3d 107 [1st Dept. 2017] ). His assertion that he did not realize that he should retain counsel is unavailing since he was previously represented by an attorney in connection with settlement negotiations with plaintiffs, arising out of his failure to pay the same promissory note (see Dorrer v. Berry, 37 A.D.3d 519, 520, 830 N.Y.S.2d 277 [2d Dept. 2007] ).
Defendant's failure to establish a reasonable excuse for his default renders it unnecessary to consider whether he demonstrated the existence of a potentially meritorious defense to the action (see Hertz Vehs. LLC v Westchester Radiology & Imaging, PC, 161 A.D.3d 550, 77 N.Y.S.3d 393 [1st Dept. 2018] ).