Opinion
2007-284 W C.
Decided on July 3, 2008.
Appeal from an order of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered December 15, 2006. The order denied defendant's motion to vacate a default judgment.
Order affirmed without costs.
PRESENT: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.
In this action, inter alia, for breach of a credit card agreement, the court below denied defendant's motion to vacate a judgment entered on default.
In order to vacate the default judgment, defendant was required to establish, pursuant to CPLR 5015 (a), both a meritorious defense to the action and a reasonable excuse for his default ( see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138). Defendant's conclusory allegations were insufficient to establish a meritorious defense. Furthermore, defendant failed to provide a reasonable excuse for his default. Accordingly, the court below did not improvidently exercise its discretion in denying defendant's motion.
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.