Appellate Division of the Supreme Court of New York, 2014

Utica Mutual Insurance v. McCorvey

Utica Mutual Insurance v. McCorvey
Appellate Division of the Supreme Court of New York · Decided April 17, 2014
116 A.D.3d 560; 983 N.Y.S.2d 720
Utica Mutual Insurance v. McCorvey

Opinion of the Court

— 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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