Opinion
2011-11-1
NEW SEVEN COLORS CORP., respondent,v.WHITE BUBBLE LAUNDROMAT, INC., defendant,Soon Ok Sung, appellant(and a third-party action).
Solomon Zabrowsky, New York, N.Y. (Samuel A. Ehrenfeld of counsel), for appellant.Fred L. Seeman, New York, N.Y. (Peter Kirwin of counsel) for respondent.
In an action, inter alia, to recover on a promissory note, the defendant Soon Ok Sung appeals from an order of the Supreme Court, Kings County (Saitta, J.), dated September 22, 2009, which denied her motion to vacate a judgment of the same court entered June 3, 2008, which, upon her default in opposing the plaintiff's separate motions pursuant to CPLR 3126 to strike her answer and pursuant to CPLR 3215(e) for leave to enter judgment against her, is in favor of the plaintiff and against her in the principal sum of $100,000.
ORDERED that the order is affirmed, with costs.
In order for the appellant to obtain relief from her defaults in opposing the plaintiff's separate motions pursuant to CPLR 3126 to strike her answer and pursuant to CPLR 3215(e) for leave to enter judgment against her, the appellant was required to demonstrate both a reasonable excuse for those defaults, as well as potentially meritorious opposition to the motions (see CPLR 5015[a][1]; L & L Auto Distribs. & Suppliers Inc. v. Auto Collection, Inc., 85 A.D.3d 734, 735, 925 N.Y.S.2d 151). Here, even if the appellant proffered a reasonable excuse for her defaults, she failed to demonstrate a potentially meritorious opposition to the motions. Accordingly, the Supreme Court providently exercised its discretion in denying the appellant's motion to vacate the judgment entered against her on June 3, 2008 (see Codoner v. Bobby's Bus Co. Inc., 85 A.D.3d 843, 844, 925 N.Y.S.2d 352).
SKELOS, J.P., ANGIOLILLO, BELEN, LOTT and ROMAN, JJ., concur.