Standish-Cabot Apts., Inc. v Casey

[*1] Standish-Cabot Apts., Inc. v Casey 2015 NY Slip Op 50678(U) Decided on May 1, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 1, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., TOLBERT and GARGUILO, JJ.
2013-1907 W C

Standish-Cabot Apartments, Inc., Respondent,

against

Caroline Casey, Appellant.

Appeal from an order of the Justice Court of the Village of Bronxville, Westchester County (George R. Mayer, J.), dated March 4, 2013. The order, insofar as appealed from as limited by the brief, denied tenant's motion to vacate a default final judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this nonpayment proceeding, tenant moved to vacate a default final judgment that had been entered against her. Upon a review of the record, we find that the Justice Court did not improvidently exercise its discretion in denying tenant's motion since tenant failed to demonstrate that she had a meritorious defense to the proceeding (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]).

Accordingly, the order, insofar as appealed from, is affirmed.

Iannacci, J.P., Tolbert and Garguilo, JJ., concur.

Decision Date: May 01, 2015