Matter of American Sec. Ins. Co. v. Austin

Full title: In the Matter of AMERICAN SECURITY INSURANCE COMPANY, Respondent, v…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 1985

110 A.D.2d 697 (N.Y. App. Div. 1985)

Opinion

April 8, 1985

Appeal from the Supreme Court, Queens County (Hyman, J.).

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. Mollen, P.J., Mangano, Thompson and O'Connor, JJ., concur.