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Gannon v. Riverview

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
May 7, 2014
43 Misc. 3d 139 (N.Y. App. Term 2014)

Opinion

No. 2013–472DC.

2014-05-7

Jeffrey C. GANNON, Respondent, v. Eagle RIVERVIEW, Appellant.


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.

NICOLAI, P.J., IANNACCI and TOLBERT, JJ., concur.


Summaries of

Gannon v. Riverview

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
May 7, 2014
43 Misc. 3d 139 (N.Y. App. Term 2014)
Case details for

Gannon v. Riverview

Case Details

Full title:Jeffrey C. GANNON, Respondent, v. Eagle RIVERVIEW, Appellant.

Court:Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.

Date published: May 7, 2014

Citations

43 Misc. 3d 139 (N.Y. App. Term 2014)
2014 N.Y. Slip Op. 50803
992 N.Y.S.2d 158