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Green v. Scarsdale Ford, Inc.

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
Jul 13, 2015
18 N.Y.S.3d 579 (N.Y. App. Div. 2015)

Opinion

No. 2014–259WC.

07-13-2015

Timothy A. GREEN, esq., Respondent, v. SCARSDALE FORD, INC., Appellant.


Opinion

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 N.Y.2d 138, 141 [1986] ).

Accordingly, the order is affirmed.

TOLBERT, J.P., GARGUILO and CONNOLLY, JJ., concur.


Summaries of

Green v. Scarsdale Ford, Inc.

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
Jul 13, 2015
18 N.Y.S.3d 579 (N.Y. App. Div. 2015)
Case details for

Green v. Scarsdale Ford, Inc.

Case Details

Full title:Timothy A. GREEN, esq., Respondent, v. SCARSDALE FORD, INC., Appellant.

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

Date published: Jul 13, 2015

Citations

18 N.Y.S.3d 579 (N.Y. App. Div. 2015)