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

Order, Supreme Court, New York County (Alfred Toker, J.), entered on or about June 20, 1993, which denied defendant’s motion to vacate a default judgment entered November 21, 1991 in the amount of $175,350.50, unanimously affirmed, with costs.

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 AD2d 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…