Opinion
2009-2126 K C.
Decided December 10, 2010.
Appeal from an order of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered May 24, 2007. The order denied defendant's motion to vacate a default judgment.
PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.
ORDERED that the order is affirmed, without costs.
In this action to recover the balance due on a credit card debt, a default judgment was entered in favor of plaintiff upon defendant's failure to appear or answer. By order entered May 24, 2007, defendant's motion to vacate the default judgment was denied. Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion in denying defendant's motion since defendant failed to show a reasonable excuse for his default and a meritorious defense ( see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141). Accordingly, the order is affirmed.
Pesce, P.J., Golia and Steinhardt, JJ., concur.