Opinion
No. 2011–1236K C.
2012-08-7
CHASE BANK USA, N.A., Respondent, v. Jacob J. LEV, Appellant.
Present: PESCE, P.J., RIOS and SOLOMON, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin K. Sheares, J.), entered December 28, 2010. The order denied defendant's motion, in effect, to open a default.
ORDERED that the order is affirmed, without costs.
After defaulting in appearing for trial in this action to recover for breach of a credit card agreement and upon an account stated, defendant moved, in effect, to open his default. The Civil Court denied defendant's motion.
In our view, the Civil Court did not improvidently exercise its discretion in denying defendant's motion since he had failed to sufficiently demonstrate a reasonable excuse for his default or a meritorious defense to the action ( see Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138 [1986] ). Accordingly, the order is affirmed.