Pinnacle Credit Servs. v. Belizario

Full title: PINNACLE CREDIT SERVICES, INC., A/A/O KEY BANK, Respondent, v. FRANCISCO…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Dec 17, 2003

2003 N.Y. Slip Op. 51658 (N.Y. App. Term 2003)

Opinion

2003-137 K C.

Decided December 17, 2003.

Appeal by defendant from an order of the Civil Court, Kings County (K. Yellen, J.), entered on December 3, 2002, which denied his motion seeking to vacate the order granting on default plaintiffs motion for summary judgment and, upon vacatur, to deny plaintiffs motion for summary judgment.

Order unanimously affirmed without costs.

PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.

The court below properly denied defendant's motion to vacate the order granting on default defendant's motion for summary judgment. Defendant has failed to establish a meritorious defense to the action ( see CPLR 5015).