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Contin v. Biana Franco Cab Corp.

Appellate Term of the Supreme Court of New York, Second Department
Feb 14, 2011
2011 N.Y. Slip Op. 50197 (N.Y. App. Term 2011)

Opinion

2010-543 Q C.

Decided February 14, 2011.

Appeal from an order of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered January 21, 2010. The order granted a motion by defendant Biana Franco Cab Corp. to open its default in appearing.

ORDERED that the order is reversed, without costs, and the motion by defendant Biana Franco Cab Corp. to open its default in appearing is denied.

PRESENT: PESCE, P.J., WESTON and RIOS, JJ.


In order to open its default in appearing, Biana Franco Cab Corp. (defendant) was required to demonstrate, among other things, that it has a meritorious defense to the action ( see generally Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141; Franklin v 172 Audubon Corp., 32 AD3d 454). Since the conclusory affidavit of its secretary had no evidentiary support, defendant failed to make the required showing ( see Reilly-Whiteman, Inc. v Cherry Hill Textiles, 191 AD2d 486, 487). Accordingly, the order granting defendant's motion to open its default is reversed and the motion is denied.

Pesce, P.J., Weston and Rios, JJ., concur.


Summaries of

Contin v. Biana Franco Cab Corp.

Appellate Term of the Supreme Court of New York, Second Department
Feb 14, 2011
2011 N.Y. Slip Op. 50197 (N.Y. App. Term 2011)
Case details for

Contin v. Biana Franco Cab Corp.

Case Details

Full title:NAPOLEON CONTIN, Appellant, v. BIANA FRANCO CAB CORP., Respondent, and…

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

Date published: Feb 14, 2011

Citations

2011 N.Y. Slip Op. 50197 (N.Y. App. Term 2011)