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SCUBA PLUS SKY, LTD. v. PARTRIDGE PLACE CORP.

201 A.D.2d 260 (1994)

608 N.Y.S.2d 826

Scuba Plus Sky, Ltd., Respondent, v. Partridge Place Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 1, 1994

The conclusory affidavit of defendant's attorney is insufficient to establish the necessary adequate defense on the merits pursuant to CPLR 5015 (see, Keeffe v Emory, 59 A.D.2d 856, 857). We therefore conclude that the IAS Court's refusal to vacate the entry of default was not an improvident exercise of discretion.

The appellant's additional arguments have been considered...

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