| Bernstein v Geiss |
| 2013 NY Slip Op 07702 [111 AD3d 774] |
| November 20, 2013 |
| Appellate Division, Second Department |
| Steven D. Bernstein, Respondent, v Joseph P.Geiss, Appellant. |
—[*1] Clair & Gjertsen, Scarsdale, N.Y. (Ira S. Clair of counsel), for respondent.
In an action to recover unpaid rent, the defendant appeals from an order of theSupreme Court, Westchester County (Colabella, J.), entered November 26, 2012, whichdenied his motion pursuant to CPLR 5015 (a) (1) to vacate a judgment of the same courtdated February 1, 2012, entered against him upon his failure to appear at an inquest onOctober 6, 2008.
Ordered that the order is affirmed, with costs.
For a party to succeed in vacating a judgment entered upon his or her failure toappear on a scheduled court date, the party must demonstrate both a reasonable excusefor the default and a potentially meritorious cause of action or defense (see Thomas v Avalon GardensRehabilitation & Health Care Ctr., 107 AD3d 694 [2013]; Vardaros v Zapas, 105 AD3d1037, 1038 [2013]; Sgangav Sganga, 95 AD3d 872 [2012]; Marrero v Crystal Nails, 77 AD3d 798, 799 [2010]). "Amotion to vacate a default is addressed to the sound discretion of the motion court" (Braynin v Dunleavy, 109AD3d 571, 571 [2013]). Here, the Supreme Court providently exercised itsdiscretion in denying the defendant's motion pursuant to CPLR 5015 (a) (1) to vacate thesubject judgment. Contrary to the defendant's contention, he failed to demonstrate areasonable excuse for his failure to appear at the inquest. Therefore, we need not reachthe issue of whether the defendant demonstrated the existence of a potentiallymeritorious defense (see Vardaros v Zapas, 105 AD3d at 1038; Sganga vSganga, 95 AD3d at 873).
The defendant's remaining contentions either are without merit or have beenrendered academic in light of our determination. Dillon, J.P., Angiolillo, Dickerson andCohen, JJ., concur.