Humphrey v McLean

[*1] Humphrey v McLean 2012 NY Slip Op 50173(U) Decided on January 26, 2012 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 26, 2012
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : RIOS, J.P., WESTON and GOLIA, JJ
2010-2737 K C. -x

Denzil Humphrey, Respondent,

against

Donna Knight McLean, Appellant. -x

Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered September 3, 2010. The order, insofar as appealed from, upon, in effect, granting defendant leave to reargue or renew her prior motion to vacate a judgment and, in effect, an underlying stipulation of settlement, adhered to the original determination.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.In this action for rent arrears, the parties stipulated, on January 3, 2003, that, among other things, defendant pro se would pay plaintiff $5,000 in installments, and that plaintiff would be entitled to the entry of a judgment in the principal sum of $10,000 upon a default in payment. On January 30, 2004, a judgment was entered by plaintiff's then attorney for $10,000, plus interest and costs. Defendant thereafter moved to vacate the judgment and, in effect, the stipulation of settlement. After her motion was denied, defendant, in effect, sought leave to reargue or renew. By order dated September 3, 2009, the Civil Court adhered to its prior determination denying defendant's motion to vacate the judgment.

Upon a review of the record, we find no basis to disturb the Civil Court's September 3, 2009 order. Accordingly, the order is affirmed.

Rios, J.P., Weston and Golia, JJ., concur.
Decision Date: January 26, 2012