Allison McGuire, Respondent, v. Joseph C. Hubbard, Appellant. (2024)

ORDERED that the order is affirmed, without costs.

Plaintiff commenced this small claims action to recover the principal sum of $4,460 for breach of contract. The matter was submitted to mandatory arbitration (see Rules of Chief Judge [22 NYCRR] part 28) and the hearing was scheduled for December 8, 2022. When defendant failed to appear at the hearing, the arbitrator awarded plaintiff the principal sum of $4,460. The District Court subsequently entered a judgment on January 20, 2023 awarding plaintiff the principal sum of $4,460.

Defendant moved to vacate the default judgment and submitted an affidavit in which he stated that he did not appear at the arbitration hearing due to illness. By order dated May 24, 2023, the District Court (Garrett W. Swenson, Jr., J.) denied defendant's motion.

Pursuant to Rules of the Chief Judge (22 NYCRR) § 28.7 (a), a judgment entered upon a defendant's default in appearing at a mandatory arbitration is subject to vacatur "upon good cause shown" (see Hodnett v Habberstad BMW Bay Shore NY, 74 Misc 3d 136[A], 2022 NY Slip Op 50293[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; Armen v Einsidler Mgt., Inc., 73 Misc 3d 136[A], 2021 NY Slip Op 51068[U], *2 [App Term, 2d Dept, 9th & 10th Jud Dists 2021]; Murphy v Coalition of Landlords, Homeowners & Merchants, 72 Misc 3d 126[A], 2021 NY Slip Op 50574[U], *2 [App Term, 2d Dept, 9th & 10th Jud Dists 2021]). As defendant did not submit any documentation corroborating his claim that his illness prevented him from appearing at the arbitration, he failed to demonstrate the requisite good cause warranting vacatur of the judgment (see e.g. Murray v Giovannello, 208 AD3d 499, 500 [2022]; Dankenbrink v Dankenbrink, 154 AD3d 809, 810 [2017]; Matter of Evan Matthew A. [Jocelyn Yvette A.], 91 AD3d 538, 539 [2012]; Guerre v Trustees of Columbia Univ. in City of NY, 300 AD2d 29, 29 [2002]). Thus, the District Court properly denied defendant's motion, and substantial justice was rendered between the parties (see UDCA 1807).

Accordingly, the order is affirmed.

WALSH, J.P., McCORMACK and GOLDBERG-VELAZQUEZ, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: July 25, 2024