BUJA v. SHEPARD NILES INC (2007)

Supreme Court, Appellate Division, Fourth Department, New York.

Kevin BUJA, Plaintiff-Respondent, v. SHEPARD NILES, INC., Defendant-Appellant, et al., Defendant.

Decided: November 09, 2007

PRESENT: HURLBUTT, J.P., GORSKI, MARTOCHE, LUNN, AND PERADOTTO, JJ.

Feldman, Kieffer & Herman, LLP, Buffalo (Adam C. Ferrandino of Counsel), for Defendant-Appellant. Faraci Lange, LLP, Rochester (Carol A. McKenna of Counsel), for Plaintiff-Respondent.

Shepard Niles, Inc. (defendant) appeals from an order denying its motion to vacate the default judgment entered against it in this personal injury action. Supreme Court did not abuse its discretion in concluding that no reasonable excuse had been offered for defendant's default in answering the complaint (see CB Richard Ellis v. JLC Holdings, 306 A.D.2d 870, 761 N.Y.S.2d 899; see also Johnson v. McFadden Ford, 278 A.D.2d 907, 718 N.Y.S.2d 670; cf. Steinbarth v. Otis El. Co., 244 A.D.2d 930, 665 N.Y.S.2d 237). Given the failure of defendant to demonstrate a reasonable excuse for its default, we need not address whether it demonstrated a meritorious defense to the action (see Smolinski v. Smolinski, 13 A.D.3d 1188, 1189, 786 N.Y.S.2d 881; Solorzano v. Cucinelli Family, LLC, 1 A.D.3d 887, 887-888, 767 N.Y.S.2d 731).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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