Opinion
Argued October 4, 2001.
November 5, 2001.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated December 8, 2000, which denied his motion to vacate a judgment of the same court entered June 14, 2000, upon his failure to answer the complaint.
Thomas Torto, New York, N.Y. (James Maleady of counsel), for appellant.
Bosco, Bisignano Mascolo, Staten Island, N.Y. (John Bosco and James Maleady of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly exercised its discretion in denying the defendant's motion to vacate the default judgment since neither the defendant's unsubstantiated assertion of illness (see, Fuller v. Tae Kwon, 259 A.D.2d 662; Smith v. Fritz, 148 A.D.2d 438), nor his claim of lack of notice of a dangerous condition was presented to the court in proper evidentiary form (see, Westchester County Medical Center v. Allstate Ins. Co., 283 A.D.2d 488; Essner v. Keavy, 104 A.D.2d 632; James v. Hoffman, 158 A.D.2d 398). "The decision as to the setting aside of a default in answering is generally left to the sound discretion of the Supreme Court, the exercise of which will generally not be disturbed if there is support in the record therefor" (Manigat v. Louis, 262 A.D.2d 289).
The plaintiff's remaining contentions are either not properly before this court (see, First Intl. Bank of Israel v. L. Blankstein Son, 59 N.Y.2d 436; Block v. McGee, 146 A.D.2d 730) or without merit.
SANTUCCI, J.P., GOLDSTEIN, TOWNES and COZIER, JJ., concur.