Cymo Trading Corp. v Manhattan Inn Hostel, LLC

[*1] Cymo Trading Corp. v Manhattan Inn Hostel, LLC 2012 NY Slip Op 50041(U) Decided on January 12, 2012 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 12, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr, JJ
570368/11.

Cymo Trading Corp., Petitioner-Landlord-Respondent,

against

Manhattan Inn Hostel, LLC, Respondent-Tenant, -and- "XYZ Corp.," Respondent-Undertenant-Appellant.

Respondent-Appellant appeals from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), dated April 13, 2011, which denied its motion to vacate a final judgment and warrant of eviction in a nonpayment summary proceeding.

Per Curiam.

Order (Arthur F. Engoron, J.), dated April 13, 2011, affirmed, with $10 costs.

The record establishes that, despite diligent efforts, petitioner-landlord did not acquire knowledge of appellant's name or identity prior to the commencement of the underlying nonpayment proceeding. In this posture, appellant was properly designated as "XYZ Corp." in the petition (cf. Triborough Bridge & Tunnel Auth. v Wimpfheimer, 165 Misc 2d 584, 585 [1995]). Nor did appellant establish a reasonable excuse for its default in appearance or a potentially meritorious defense to petitioner's rent claim (see Peacock v Kalikow, 239 AD2d 188 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: January 12, 2012