Comm'r. of State Ins. Fund v. A.M. Motor Refrig. Serv.

Full title: COMMISSIONER OF STATE INSURANCE FUND, Plaintiff-Respondent, v. A.M. MOTOR…

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

Date published: Feb 27, 2006

2006 N.Y. Slip Op. 50252 (N.Y. App. Term 2006)

815 N.Y.S.2d 493

Opinion

570881/05.

Decided February 27, 2006.

Defendant appeals from an order of the Civil Court, Bronx County (Julia I. Rodriguez, J.), entered December 14, 2004, which denied its motion to vacate a default judgment.

Order (Julia I. Rodriguez, J.), entered December 14, 2004, affirmed, with $10 costs.

PRESENT: SUAREZ, P.J., DAVIS, GANGEL-JACOB, JJ.

PER CURIAM

In view of defendant's failure to offer a reasonable excuse for its numerous defaults and to establish a meritorious defense, defendant's fifth motion to vacate the default judgment was properly denied ( see CPLR 5015; Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 NY2d 138, 143).

This constitutes the decision and order of the court.

I concur.