Scuba Plus Sky, Ltd. v. Partridge Place Corp.

Appellate Division of the Supreme Court of New York

Scuba Plus Sky, Ltd. v. Partridge Place Corp.

201 A.D.2d 260, 608 N.Y.S.2d 826, 1994 N.Y. App. Div. LEXIS 816

Appellate Division of the Supreme Court of the State of New York·Decided February 1, 1994·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Alfred Toker, J.), entered on or about June 20, 1993, which denied defendant’s motion to vacate a default judgment entered November 21, 1991 in the amount of $175,350.50, unanimously affirmed, with costs.

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 AD2d 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.

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Order, Supreme Court, New York County (Alfred Toker, J.), entered on or about June 20, 1993, which denied defendant’s motion to vacate a default judgment entered November 21, 1991 in the amount of $175,350.50, unanimously affirmed, with costs.

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 AD2d 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.

Scuba Plus Sky, Ltd. v. Partridge Place Corp., 201 A.D.2d 260, 608 N.Y.S.2d 826, 1994 N.Y. App. Div. LEXIS 816 (N.Y. Ct. App. 1994).

Pincite

201 A.D.2d 260 (Scuba Plus Sky, Ltd. v. Partridge Place Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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