Dreiner v. Consolidated Edison Co. — 251 A.D.2d 24

Majority

p. 24

Bernhard Dreiner, Respondent, v Consolidated Edison Company of New York, Inc., et al., Defendants, and Co-Star Construction Co., Inc., Also Known as Co-Star Contracting Co., Appellant.

[672 NYS2d 709]

—Order, Supreme Court, New York County (Salvador Collazo, J.), entered April 24, 1997, denying the motion of defendant Co-Star Construction Co., Inc. to vacate the default judgment entered against it on June 18, 1996, unanimously affirmed, without costs.

Even if we were to conclude that defendant had provided a reasonable excuse for its default, we would nonetheless affirm the denial of defendant’s motion for its vacatur in light of defendant’s failure to demonstrate a meritorious defense. The affidavit of defendant’s president, unsupported by any documentary proof, constitutes no more than a general denial of plaintiff’s allegations, and, as such, provides no basis upon which to conclude that there is merit to the defense defendant

p. 25

would assert (see, Peacock v Kalikow, 239 AD2d 188 , 189-190). Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.