Cintron v. Academy Garden Apts.

Full title: TONYALITA G. CINTRON, Plaintiff-Appellant, v. ACADEMY GARDEN APARTMENTS…

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

Date published: Oct 15, 2004

2004 N.Y. Slip Op. 51217 (N.Y. App. Term 2004)

Opinion

570188/04.

Decided October 15, 2004.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, entered February 9, 2004 (Raul Cruz, J.) which denied her motion to vacate a default judgment.

Order entered February 9, 2004 (Raul Cruz, J.) affirmed, without costs.

PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.

PER CURIAM:

The court properly exercised its discretion in denying plaintiff's motion to vacate the judgment, since plaintiff did not offer any excuse for her default in appearance or make a sufficient factual showing of a meritorious cause of action (CPLR 5015[a][1]).

This constitutes the decision and order of the court.