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Greathouse v. 12-14 E. 64th Owners Corp.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Mar 1, 2013
38 Misc. 3d 145 (N.Y. App. Div. 2013)

Opinion

No. 571061/12.

2013-03-1

Patricia J. GREATHOUSE, Plaintiff–Appellant, v. 12–14 EAST 64TH OWNERS CORPORATION c/o Eden Collinsworth, President of The Board, Defendant–Respondent.


Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Margaret A. Chan, J.), dated July 12, 2012, which granted defendant's motion to vacate a default judgment.
Present TORRES, J.P., SCHOENFELD, SHULMAN, JJ.

PER CURIAM.

Order (Margaret A. Chan, J.), dated July 12, 2012, reversed, without costs, motion denied and default judgment reinstated.

The corporate defendant failed to demonstrate entitlement to vacatur relief from its default in appearing on the scheduled trial date, there being no showing of a meritorious defense to plaintiff's small claims action. The bald assertion made by defendant's employee that defendant has “always been ready to litigate the matter” is hardly sufficient to demonstrate the merits of its defense, and this even in the context of the “informal and simplified procedures” (CCA 1804) governing small claims matters ( see generally Ragosto v. Triborough Bridge & Tunnel Auth., 173 Misc.2d 560, 561 [1997] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Greathouse v. 12-14 E. 64th Owners Corp.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Mar 1, 2013
38 Misc. 3d 145 (N.Y. App. Div. 2013)
Case details for

Greathouse v. 12-14 E. 64th Owners Corp.

Case Details

Full title:Patricia J. Greathouse, Plaintiff-Appellant, v. 12-14 East 64th Owners…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Mar 1, 2013

Citations

38 Misc. 3d 145 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 50298
969 N.Y.S.2d 803