Opinion
2014-259 W C
07-13-2015
Timothy A. Green, Esq., Respondent, July 13, 2015 v. Scarsdale Ford, Inc., Appellant.
PRESENT: :
Appeal from an order of the City Court of White Plains, Westchester County (Brian Hansbury, J.), entered October 21, 2013. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this small claims action to recover the principal sum of $1,702.42 for breach of a car leasing contract, defendant moved to vacate a default judgment in the principal sum of $1,438.42 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 (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]).
Accordingly, the order is affirmed.
Tolbert, J.P., Garguilo and Connolly, JJ., concur.
Decision Date: July 13, 2015