Aquasciences International Inc. v. Levy

189 A.D.2d 688

Opinion

Order Supreme Court, New York County (Eugene Nardelli, J.), entered on or about September 4, 1991, which denied appellant’s motion to vacate a default, unanimously affirmed, without costs.

The IAS Court did not abuse its discretion in determining that a meritorious defense was not shown (see, National Learning Corp. v Duramatic Press, 63 AD2d 695), or in determining that the affidavit of merit was insufficient (see, Mufalli v Ford Motor Co., 105 AD2d 642, 643). Here, the only averment of merit was a conclusory denial of the allegations, which is insufficient (see, Klenk v Kent, 103 AD2d 1002). Even though a party appears pro se, failure to set forth facts showing merit is fatal (see, Stewart v Warren, 134 AD2d 585). Concur—Carro, J. P., Milonas, Rosenberger, Ross and Rubin, JJ.