Opinion
2691, 2692.
Decided January 15, 2004.
Order, Supreme Court, New York County (Ira Gammerman, J.), entered October 17, 2003, which denied defendant's motion to vacate a default judgment, unanimously affirmed, with costs. Appeal from judgment, same court and Justice, entered April 16, 2003, which awarded plaintiff, upon default, the sum of $200,000, plus interest, costs and disbursements, unanimously dismissed, without costs.
Neal Brickman, for Plaintiff-Respondent.
Daniel K. Winters, for Defendant-Appellant.
Before: Tom, J.P., Williams, Marlow, Gonzalez, JJ.
Defendant's principal failed, on three occasions, to appear for scheduled deposition, despite warnings from the court that such failure would jeopardize defendant's pleadings. Defendant has failed to demonstrate anything resembling a reasonable excuse for its default, which is a requisite for vacatur ( Ortiz v. Santiago, 303 A.D.2d 1, 6; see also Rudes v. Magna Stables Co., 277 A.D.2d 63, 64). Rather, the record suggests that defendant's failure to cooperate was aptly characterized by the Supreme Court Justice as "petulant" and "arrogant."
We have considered defendant's other arguments and find them to be unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.