| Rivera v Komor |
| 2010 NY Slip Op 00497 [69 AD3d 833] |
| January 19, 2010 |
| Appellate Division, Second Department |
| Efren Rivera, Appellant, v Michelle Komor et al.,Respondents. |
—[*1] Fein, Such, Kahn & Shepard, P.C., Chestnut Ridge, N.Y. (Samit G. Patel of counsel), forrespondents.
In an action to recover damages for negligent misrepresentation, the plaintiff appeals from ajudgment of the Supreme Court, Rockland County (Kelly, J.), entered June 25, 2008, which,upon an order of the same court dated May 27, 2008, inter alia, denying his motion pursuant toCPLR 5015 to vacate a prior order of the same court dated April 29, 2008, which granted thedefendants' motion for summary judgment dismissing the complaint upon his default in opposingthe motion, is in favor of the defendants and against him, among other things, dismissing thecomplaint.
Ordered that the judgment is affirmed, with costs.
A party seeking to vacate an order entered upon his or her default is required to demonstratea reasonable excuse for the default and the existence of a meritorious cause of action or defense(see CPLR 5015 [a] [1]; Nowellv NYU Med. Ctr., 55 AD3d 573 [2008]; Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389 [2008]).The determination of what constitutes a reasonable excuse lies within the Supreme Court'sdiscretion (see Santiago v New YorkCity Health & Hosps. Corp., 10 AD3d 393, 394 [2004]; Roussodimou vZafiriadis, 238 AD2d 568, 569 [1997]). Under the circumstances of this case, the SupremeCourt did not improvidently exercise its discretion in denying the plaintiff's motion to vacate theorder dated April 29, 2008, entered upon his default. Santucci, J.P., Angiolillo, Leventhal andLott, JJ., concur.