| Cavalry SPV I, LLC v Frenkel |
| 2014 NY Slip Op 05295 [119 AD3d 724] |
| July 16, 2014 |
| Appellate Division, Second Department |
[*1]
| 1 Cavalry SPV I, LLC, Respondent, v Ernest J.Frenkel, Appellant. |
Menashe & Associates, LLP, Montebello. N.Y. (Chezki Menashe of counsel),for appellant.
In an action to recover damages for breach of a credit card agreement, the defendantappeals from an order of the Supreme Court, Rockland County (Kelly, J.), entered March11, 2013, which denied his motion pursuant to CPLR 5015 (a) (1) to vacate a judgmentof the same court dated January 8, 2013, entered in favor of the plaintiff and against himin the total sum of $13,226.59, upon his failure to appear or answer the complaint.
Ordered that the order is affirmed, without costs or disbursements.
A party seeking to vacate a default pursuant to CPLR 5015 (a) (1) must demonstratea reasonable excuse for his or her delay in appearing and answering the complaint and apotentially meritorious defense to the action (see Citibank [S.D.], N.A. v Baron, 115 AD3d 901 [2014];U.S. Bank N.A. v Slavinski,78 AD3d 1167 [2010]; O'Donnell v Frangakis, 76 AD3d 999, 1000 [2010]; Katz v Marra, 74 AD3d888, 890 [2010]; CavalryPortfolio Servs., LLC v Reisman, 55 AD3d 524 [2008]).
Here, the defendant failed to demonstrate a reasonable excuse for his default. In viewof the lack of a reasonable excuse, it is unnecessary to consider whether the defendantsufficiently demonstrated the existence of a potentially meritorious defense (see Centennial El. Indus., Inc. vNinety-Five Madison Corp., 90 AD3d 689, 690 [2011]; O'Donnell vFrangakis, 76 AD3d at 1000).
Accordingly, the Supreme Court properly denied the defendant's motion to vacate thedefault judgment. Balkin, J.P., Leventhal, Maltese and LaSalle, JJ., concur.