Opinion
No. 2013–472DC.
2014-05-7
In this small claims action to recover the principal sum of $850.94, representing the value of equipment, supplies and materials that defendant had failed to return to plaintiff, defendant moved to vacate a default judgment that had been entered against it. Upon a review of the record, we find that the City Court did not improvidently exercise its discretion in denying defendant's motion since defendant failed to demonstrate that it had a reasonable excuse for its default in appearance ( seeCPLR 5015[a][1]; Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986] ). Accordingly, the order is affirmed.