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Scuba Plus Sky, Ltd. v. Partridge Place Corp.

201 A.D.2d 260 Court N.Y. App. Div. Decision date 1994-02-01 English

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p. 260
Scuba Plus Sky, Ltd., Respondent, v Partridge Place Corp., Appellant.
[608 NYS2d 826]

Order, Supreme Court, New York County (Alfred Toker, J.), entered on or about June 20, 1993, which denied defendant’s motion to vacate a default judgment entered November 21, 1991 in the amount of $175,350.50, unanimously affirmed, with costs.

The conclusory affidavit of defendant’s attorney is insufficient to establish the necessary adequate defense on the merits pursuant to CPLR 5015 (see, Keeffe v Emory, 59 AD2d 856 , 857). We therefore conclude that the IAS Court’s refusal to vacate the entry of default was not an improvident exercise of discretion.

The appellant’s additional arguments have been considered and rejected. Concur — Murphy, P. J., Carro, Wallach and Ross, JJ.