Opinion
570180/05.
Decided May 18, 2005.
Plaintiff appeals from an order of the Civil Court, Bronx County, entered on or about May 27, 2003 (Wilma Guzman, J.) which granted defendant's motion to vacate a default judgment.
Order entered on or about May 27, 2003 (Wilma Guzman, J.) reversed, with $10 costs, motion denied and default judgment reinstated.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.
We agree with plaintiff appellant that the default judgment entered on or about January 31, 2003 against defendant should be reinstated based upon defendant's default in appearing for trial in December 2002, following its earlier February 2002 trial default. Where a defendant fails to show a reasonable excuse for its default, denial of vacatur relief is warranted, regardless of whether defendant has a meritorious defense ( see Crespo v. Kynda Cab Corp., 299 AD2d 295; Maese v. Arkin, 187 AD2d 400). Here, defendant law firm's supporting affirmation dated February 21, 2003 only references its first default in appearing for trial, making no mention of the circumstances surrounding its second trial default nine months later. In these circumstances, the second default judgment should not have been vacated.
This constitutes the decision and order of the Court.