JASLEEN SINGHMEHTA, plf-ap, v. PAUL DRYLEWSKI def-res, DAVID W. SHIPPER, ETC. def

10336N-10337N. JASLEEN SINGHMEHTA, plf-ap, v. PAUL DRYLEWSKI def-res, DAVID W. SHIPPER, ETC. def — Marc E. Elliott, P.C., New York (Marc E. Elliott of counsel), for ap — Lambert & Shackman, PLLC, New York (Thomas Lambert of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about September 28, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to file an amended complaint and to renew and reargue a prior order, same court and Justice, entered June 8, 2012, which denied her motion to vacate an order entered on default on May 15, 2012, unanimously affirmed, with costs.

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10336N-10337N. JASLEEN SINGHMEHTA, plf-ap, v. PAUL DRYLEWSKI def-res, DAVID W. SHIPPER, ETC. def — Marc E. Elliott, P.C., New York (Marc E. Elliott of counsel), for ap — Lambert & Shackman, PLLC, New York (Thomas Lambert of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about September 28, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion to file an amended complaint and to renew and reargue a prior order, same court and Justice, entered June 8, 2012, which denied her motion to vacate an order entered on default on May 15, 2012, unanimously affirmed, with costs.

In this action for the return of a down payment on a real estate contract, the motion court properly denied plaintiff’s motion to vacate her default. Even assuming that plaintiff’s conclusory and perfunctory allegations of law office failure constitute a reasonable excuse for her default, she failed to demonstrate that she has a meritorious defense (see CPLR 5015 [a][1]; Brown v. Suggs, 38 AD3d 329 [1st Dept 2007], Perez v. New York City Hous. Auth., 47 AD3d 505 [1st Dept 2008]). Specifically, plaintiff failed to refute defendants’ allegations that she breached the contract by refusing to disclose and verify her assets to the cooperative board despite its repeated requests.

JASLEEN SINGHMEHTA, plf-ap, v. PAUL DRYLEWSKI def-res, DAVID W. SHIPPER, ETC. def

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