Opinion
No. 2013–1504QC.
11-06-2014
Awais B. MIRZA, Appellant, v. QUEENS BOULEVARD TOWER CONDOMINIUM, Respondent.
Opinion
Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered May 9, 2013. The order denied plaintiff's motion to vacate an order of the same court entered February 11, 2013 granting defendant's unopposed motion to dismiss the action.
ORDERED that the order is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $3,000 representing the deposit she had made in connection with her bid on a foreclosed condominium unit. Defendant subsequently moved to dismiss the action. By order entered February 11, 2013, the Civil Court granted defendant's unopposed motion. Plaintiff moved to vacate the order, which motion was denied by order of the Civil Court entered May 9, 2013.
In moving to vacate the default order, plaintiff failed to demonstrate the existence of a meritorious cause of action (see CPLR 5015[a][1] ; Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986] ; Mora v. Scarpitta, 52 AD3d 663 [2008] ). Consequently, the Civil Court did not improvidently exercise its discretion in denying plaintiff's motion to vacate the February 11, 2013 order.
Accordingly, the order is affirmed
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.