Opinion
2004-541 N C.
Decided November 4, 2005.
Appeal from an order of the District Court of Nassau County, Second District (Anna R. Anzalone, J.), dated January 30, 2004. The order denied defendant's motion to vacate the default judgment.
Order unanimously affirmed without costs.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
In this small claims action to recover damages for services rendered, defendant defaulted and a judgment was entered against him in August 2002. In January 2004, defendant moved to vacate the default judgment, which motion was denied. Upon a review of the record, we find that although defendant provided a meritorious defense to the action, i.e., the wrong party was allegedly being sued, he failed to provide a reasonable excuse for his default. Consequently, the court below providently exercised its discretion in denying defendant's motion to vacate the default judgment and substantial justice has been done between the parties according to the rules and principles of substantive law ( see UDCA 1807).