Utica Mutual Insurance v. McCorvey

Appellate Division of the Supreme Court of New York

Utica Mutual Insurance v. McCorvey

116 A.D.3d 560, 983 N.Y.S.2d 720

Appellate Division of the Supreme Court of the State of New York·Decided April 17, 2014·Published

Opinion

— Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about April 17, 2013, which denied defendant’s motion, inter alla, to vacate a default judgment and dismiss the complaint, unanimously affirmed, without costs.

Defendant did not proffer a reasonable excuse for his default. The record supports plaintiffs claim that defendant engaged in a pattern of default that warranted the denial of his motion to vacate the default.

In light of the above, we need not reach the merits of defendant’s defense. Concur — Friedman, J.E, Sweeny, Andrias, Gische and Clark, JJ.

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— Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about April 17, 2013, which denied defendant’s motion, inter alla, to vacate a default judgment and dismiss the complaint, unanimously affirmed, without costs.

Defendant did not proffer a reasonable excuse for his default. The record supports plaintiffs claim that defendant engaged in a pattern of default that warranted the denial of his motion to vacate the default.

In light of the above, we need not reach the merits of defendant’s defense. Concur — Friedman, J.E, Sweeny, Andrias, Gische and Clark, JJ.

Utica Mutual Insurance v. McCorvey, 116 A.D.3d 560, 983 N.Y.S.2d 720 (N.Y. Ct. App. 2014).

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