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Utica Mutual Insurance Company, as Subrogee of Ferro Enterprises NY LLC, Respondent, v. James McCorvey, Jr., Appellant

New York Supreme Court, Appellate Division2014-04-17
116 A.D.3d 560983 N.Y.S.2d 720

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Opinion

majority 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.