Opinion
No. 2014–1941DC.
10-19-2015
JOBEN PROPERTIES, INC., Respondent, v. Brett O'HARA Doing Business as B.O.H. Design, Appellant.
Opinion
Appeal from an order of the City Court of Beacon, Dutchess County (Timothy G. Pagones, J.), entered August 1, 2014. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
Plaintiff commenced this breach of contract action to recover its deposit in the principal sum of $14,968.65 for work to be done by defendant on the roof of a building owned by plaintiff. An affidavit of service of process stated that, on December 28, 2013, true copies of the summons and complaint had been delivered to a person of suitable age and discretion at defendant's actual place of business and dwelling house in Beacon, and that copies of the summons and complaint had been enclosed in an envelope marked personal and confidential and mailed by first class mail to the same address (see CPLR 3082 ). Defendant failed to appear or answer, and a default judgment was entered against defendant on March 13, 2014 in the principal sum of $14,968.65. Defendant moved to vacate the default judgment on June 26, 2014, pursuant to CPLR 317 and 5015(a). The City Court denied defendant's motion.
Defendant failed to demonstrate the existence of a potentially meritorious defense to this action. Consequently, the City Court properly denied defendant's motion to vacate the default judgment (see Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138 1986; Intervest Natl. Bank v. Ashburton 70, LLC, 87 AD3d 617 2011; City & Suburban Fed. Sav. Bank v. Frank, 243 A.D.2d 670 1997 ). In view of the foregoing, we reach no other issue.
Accordingly, the order is affirmed.
MARANO, P.J., IANNACCI and TOLBERT, JJ., concur.