Lenox Hill Med. Anesthesiology v. Witriol, 2022-50513

CourtUnited States State Supreme Court (New York)
Writing for the CourtPER CURIAM.
Citation2022 NY Slip Op 50513 (U)
PartiesLenox Hill Med. Anesthesiology, PLLC, Plaintiff-Respondent, v. Moses Witriol, Defendant-Appellant.
Docket Number2022-50513
Decision Date22 June 2022

2022 NY Slip Op 50513(U)

Lenox Hill Med. Anesthesiology, PLLC, Plaintiff-Respondent,
v.

Moses Witriol, Defendant-Appellant.

No. 2022-50513

Supreme Court of New York, First Department

June 22, 2022


Unpublished Opinion

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Leslie A. Stroth, J.), entered on April 26, 2021, which denied his motion to vacate a default judgment.

PRESENT: Hagler J.P., Tisch, Michael, JJ.

PER CURIAM.

Order (Leslie A. Stroth, J.), entered April 26, 2021, affirmed, with $10 costs.

Civil Court providently exercised its discretion in denying defendant's motion to vacate the default judgment. Defendant failed to demonstrate a reasonable excuse for his failure to appear at two scheduled court conferences (see Uniform Rules for Trial Cts [22 NYCRR] § 208.14; New York Dangerous LLC v Librot, 200 A.D.3d 467 [2021]). Defendant also failed to set forth a meritorious defense to this action to recover for professional services rendered. Defendant did not deny the rendition of services by plaintiff, challenge the amount due or allege that payment was made. His vague and unsubstantiated assertions concerning plaintiff's errors or omissions in their submissions to his health insurer were insufficient.

All concur

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