American Sec. Ins. Co. v. Austin
| Decision Date | 08 April 1985 |
| Citation | 110 A.D.2d 697,488 N.Y.S.2d 16 |
| Parties | In the Matter of AMERICAN SECURITY INSURANCE COMPANY, Petitioner-Respondent, v. Robert AUSTIN, Appellant, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Paul S. Mirman, P.C., Brooklyn (Michele Turchin, New York City, on brief), for appellant.
Joseph F. Spencer, Bronxville, for petitioner-respondent.
Before MOLLEN, P.J., and MANGANO, THOMPSON and O'CONNOR, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR 7503(b) to stay arbitration, Robert Austin appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated April 25, 1984, as, upon effectively granting renewal of his motion to vacate and set aside a default judgment which permanently stayed arbitration, adhered to the original determination denying the motion to vacate.
Order affirmed insofar as appealed from, with costs.
Appellant failed to offer a valid excuse for his default, as required by CPLR 5015(a)(1). Specifically, the "affirmation" of the attorney assigned to the case was not signed, and was therefore of no force or effect (CPLR 2106). Consequently, the trial court did not abuse its discretion in refusing to set aside the default judgment.
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