Opinion
No. 2011–760KC.
2012-03-5
DISCOVER BANK, Respondent, v. Charles KYTE, Appellant.
Present: PESCE, P.J., WESTON and RIOS, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered January 24, 2011. The order denied defendant's motion, in effect, to open a default.
ORDERED that the order is affirmed, without costs.
In this action to recover for breach of a credit card agreement and upon an account stated, defendant defaulted in appearing for trial and, thereafter, moved, in effect, to open his default. The Civil Court denied defendant's motion, finding that defendant had failed to demonstrate any basis to open the default.
In our view, the Civil Court did not improvidently exercise its discretion in denying defendant's motion since defendant failed to sufficiently demonstrate a reasonable excuse for his default and 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.