Rosendale v. ARAMIAN

• Decision Date: 10 February 2000
• Citation: 269 A.D.2d 209,703 N.Y.S.2d 108
• Parties: DONALD P. ROSENDALE, Appellant,<BR>v.<BR>S. SUE ARAMIAN et al., Respondents, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

269 A.D.2d 209

703 N.Y.S.2d 108

DONALD P. ROSENDALE, Appellant,

v.S. SUE ARAMIAN et al., Respondents, et al., Defendants.

Decided February 10, 2000.

Concur — Sullivan, J. P., Mazzarelli, Ellerin, Lerner and Friedman, JJ.

Plaintiff's motion to vacate the default judgment entered against him was properly denied since plaintiff failed to present a valid excuse for his failure to move to vacate the default judgment within the one-year time limitation prescribed pursuant to CPLR 5015 (a) (1) (see, Christian v Hasmat Mgt. Corp., 251 AD2d 250; Levine v Berlin, 46 AD2d 902). Indeed, the excuse offered by plaintiff was patently invalid and frivolous in light of his attempt during the year following the default judgment to relitigate in another venue the very matters concluded in the default judgment. Accordingly, the court's award of costs to defendant constituted a proper exercise of discretion pursuant to 22 NYCRR 130-1.1.

Motion seeking to strike brief and cross motion to impose costs, sanctions and other related relief denied.