Scuba Plus Sky, Ltd. v. Partridge Place

Full title: SCUBA PLUS SKY, LTD., Respondent, v. PARTRIDGE PLACE CORP., Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 1, 1994

201 A.D.2d 260 (N.Y. App. Div. 1994)

608 N.Y.S.2d 826

Opinion

February 1, 1994

Appeal from the Supreme Court, New York County (Alfred Toker, J.).

The conclusory affidavit of defendant's attorney is insufficient to establish the necessary adequate defense on the merits pursuant to CPLR 5015 (see, Keeffe v. Emory, 59 A.D.2d 856, 857). We therefore conclude that the IAS Court's refusal to vacate the entry of default was not an improvident exercise of discretion.

The appellant's additional arguments have been considered and rejected.

Concur — Murphy, P.J., Carro, Wallach and Ross, JJ.