Lenox Hill Med. Anesthesiology v. Witriol

• Decision Date: 22 June 2022
• Docket Number: 2022-50513
• Citation: 2022 NY Slip Op 50513 (U)
• Parties: Lenox Hill Med. Anesthesiology, PLLC, Plaintiff-Respondent, v. Moses Witriol, Defendant-Appellant.
• Court: New York Supreme Court

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Unpublished Opinion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