LENOX HILL MED ANESTHESIOLOGY PLLC v. WITRIOL (2022)

Supreme Court, Appellate Term, New York,

LENOX HILL MED. ANESTHESIOLOGY, PLLC, Plaintiff-Respondent, v. Moses WITRIOL, Defendant-Appellant.

570136 /22

Decided: June 22, 2022

PRESENT: Hagler J.P., Tisch, Michael, JJ.

Order (Leslie A. Stroth, J.), entered April 26, 2021, affirmed, with $10 costs.

Civil Court providently exercised its discretion in denying defendant's motion to vacate the default judgment. Defendant failed to demonstrate a reasonable excuse for his failure to appear at two scheduled court conferences (see Uniform Rules for Trial Cts [22 NYCRR] § 208.14; New York Dangerous LLC v Librot, 200 AD3d 467 [2021]). Defendant also failed to set forth a meritorious defense to this action to recover for professional services rendered. Defendant did not deny the rendition of services by plaintiff, challenge the amount due or allege that payment was made. His vague and unsubstantiated assertions concerning plaintiff's errors or omissions in their submissions to his health insurer were insufficient.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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