Opinion
2008-840 K C.
Decided on May 28, 2009.
Appeal from an order of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered February 27, 2008. The order denied defendant's motion to vacate a default judgment.
Order affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
In this action based upon a credit card debt, a default judgment was entered on October 25, 2006. In February 2008, defendant moved to vacate the default judgment. In support of the motion, defendant failed to establish an excusable default and a meritorious defense, and he also failed to demonstrate that he moved within a reasonable period of time after learning of the default judgment. In view of the foregoing, the Civil Court properly denied defendant's motion ( see CPLR 5015 [a] [1]; Madison Estates Props., Inc. v Davern Realty Corp. , 20 Misc 3d 133 [A], 2008 NY Slip Op 51457[U] [App Term, 2d 11th Jud Dists 2008]).
Accordingly, the order is affirmed.
Pesce, P.J., Golia and Rios, JJ., concur.