Appellate Division of the Supreme Court of New York, 1998

Dreiner v. Consolidated Edison Co.

Dreiner v. Consolidated Edison Co.
Appellate Division of the Supreme Court of New York · Decided June 2, 1998
251 A.D.2d 24; 672 N.Y.S.2d 709; 1998 N.Y. App. Div. LEXIS 6409
Dreiner v. Consolidated Edison Co.

Opinion of the Court

—Order, Supreme Court, New York County (Salvador Collazo, J.), entered April 24, 1997, denying the motion of defendant Co-Star Construction Co., Inc. to vacate the default judgment entered against it on June 18, 1996, unanimously affirmed, without costs.

Even if we were to conclude that defendant had provided a reasonable excuse for its default, we would nonetheless affirm the denial of defendant’s motion for its vacatur in light of defendant’s failure to demonstrate a meritorious defense. The affidavit of defendant’s president, unsupported by any documentary proof, constitutes no more than a general denial of plaintiff’s allegations, and, as such, provides no basis upon which to conclude that there is merit to the defense defendant *25would assert (see, Peacock v Kalikow, 239 AD2d 188, 189-190). Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.

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