Becker v Roxborough Apts. Corp.
Decided on November 17, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
Bruce Becker, Plaintiff-Respondent,
Roxborough Apartments Corp., Defendant-Appellant.
Defendant appeals from an order of the Civil Court of the City of New York, New York
County (Tanya R. Kennedy, J.), dated October 9, 2009, which denied its motion to vacate a
Order (Tanya R. Kennedy, J.), dated October 9, 2009, affirmed, with $10 costs.
Civil Court providently exercised its discretion in denying defendant's motion to vacate a default judgment entered against it, since defendant failed to demonstrate that it had a potentially meritorious defense to this action. Defendant's argument that the action is time-barred is without merit, since the record established that plaintiff commenced this action prior to the expiration of the applicable statute of limitations. We note that defendant's contentions that the action is barred by the doctrine of res judicata and precluded by the general prohibition on splitting claims were not raised in Civil Court and are not properly before us.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: November 17, 2010