Opinion
December 19, 1995
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
The IAS Court properly exercised its discretion in refusing to relieve defendant of his default on plaintiff's motion for pendente lite relief. Defendant was well aware of the return date of the motion, and after four appearances, and repeated requests for adjournments by defendant, he inexcusably failed to submit any opposition to the motion. Nor did defendant demonstrate a meritorious defense on his motion to vacate the default. Since defendant did not submit any competent proof refuting the claimed arrears, plaintiff is entitled to a money judgment.
Concur — Murphy, P.J., Rosenberger, Ross, Nardelli and Mazzarelli, JJ.