| New Seven Colors Corp. v White Bubble Laundromat, Inc. |
| 2011 NY Slip Op 07820 [89 AD3d 701] |
| November 1, 2011 |
| Appellate Division, Second Department |
| New Seven Colors Corp., Respondent, v White BubbleLaundromat, Inc., Defendant, and Soon Ok Sung, Appellant. (And a Third-PartyAction.) |
—[*1] Fred L. Seeman, New York, N.Y. (Peter Kirwin of counsel) for respondent.
In an action, inter alia, to recover on a promissory note, the defendant Soon Ok Sung appealsfrom an order of the Supreme Court, Kings County (Saitta, J.), dated September 22, 2009, whichdenied her motion to vacate a judgment of the same court entered June 3, 2008, which, upon herdefault in opposing the plaintiff's separate motions pursuant to CPLR 3126 to strike her answerand pursuant to CPLR 3215 (e) for leave to enter judgment against her, is in favor of the plaintiffand against her in the principal sum of $100,000.
Ordered that the order is affirmed, with costs.
In order for the appellant to obtain relief from her defaults in opposing the plaintiff's separatemotions pursuant to CPLR 3126 to strike her answer and pursuant to CPLR 3215 (e) for leave toenter judgment against her, the appellant was required to demonstrate both a reasonable excusefor those defaults, as well as potentially meritorious opposition to the motions (see CPLR5015 [a] [1]; L&L Auto Distribs. &Suppliers Inc. v Auto Collection, Inc., 85 AD3d 734, 735 [2011]). Here, even if theappellant proferred a reasonable excuse for her defaults, she failed to demonstrate a potentiallymeritorious opposition to the motions. Accordingly, the Supreme Court providently exercised itsdiscretion in denying the appellant's motion to vacate the judgment entered against her on June 3,2008 (see Codoner v Bobby's Bus Co.,Inc., 85 AD3d 843, 844 [2011]). Skelos, J.P., Angiolillo, Belen, Lott and Roman, JJ.,concur.