Opinion
200319OQC.
Decided December 19, 2003.
Appeal by plaintiff from an order of the Civil Court, Queens County (J. Golia, J.), entered December 10, 2002, which granted defendant's motion to vacate a judgment entered on default.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., ARONIN and RIOS, JJ.
The stipulation of settlement provided that if defendant defaulted in her payments, which default continued for at least ten days after the attorney for plaintiff sent her a written notice of default, plaintiff was at liberty to enter judgment against the defendant for the full amount demanded in the complaint. We are in agreement with the lower court that plaintiff failed to submit sufficient proof of mailing of the requisite notice of default ( see Electronic Servs. Intl. v. Silvers, 233 AD2d 361, 362; see also CPLR 2103 [f]; 57 NY Jur 2d, Evidence and Witnesses § 138). Accordingly, the lower court properly vacated the judgment.