Masaryk Towers Corp. v Spencer

[*1] Masaryk Towers Corp. v Spencer 2015 NY Slip Op 50876(U) Decided on June 10, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570874/14

Masaryk Towers Corp., -Landlord-Respondent,

against

Brenda Spencer, Respondent-Tenant, -and- "John Doe" and "Jane Doe," Respondents.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J), dated June 20, 2014, which denied her motion, in effect, to reargue a prior order (same court and Judge), dated May 21, 2014, which denied her motion to vacate a default final judgment in a holdover summary proceeding.

Per Curiam.

Appeal from order (Phyllis K. Saxe, J), dated June 20, 2014, dismissed, without costs

Tenant's underlying motion, denominated as one to vacate a default final judgment, sought the same relief as tenant sought in two prior motions denied by Civil Court. This motion, which contained no new facts, was, in actuality, one for leave to reargue, the denial of which is not appealable (see CPLR 2221[d][2]; U.S. Bank, N.A. v Russell—Esposito, 71 AD3d 1127 [2010]). In any event, were we to consider the merits, we would affirm, since tenant failed to set forth any meritorious defense to this proceeding brought to enforce a certificate of eviction issued by the New York City Department of Housing Preservation and Development (see Bedford Gardens Co., LP v Jacobowitz, 29 AD3d 501 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 10, 2015