160-62 E. 2nd St. H.D.F.C. v Beaumont

[*1] 160-62 E. 2nd St. H.D.F.C. v Beaumont 2010 NY Slip Op 52037(U) [29 Misc 3d 138(A)] Decided on November 26, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 26, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ
570433/10. Calendar No. 10-370

160-62 East 2nd St. H.D.F.C., Petitioner-Landlord-Respondent,

against

Saran Beaumont, Respondent-Tenant-Appellant, -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 (Brenda S. Spears, J.), dated February 19, 2010, which denied her motion to vacate a default judgment in a nonpayment summary proceeding.

Per Curiam.

Order (Brenda S. Spears, J.), dated February 19, 2010, affirmed, without costs.

Civil Court providently exercised its discretion in denying tenant relief from her default in appearing for trial in this summary nonpayment proceeding. Tenant failed to show a reasonable excuse for her default and a meritorious defense to landlord's claim for rent arrears. Moreover, in the absence of good cause, the judgment and warrant should not be vacated (see RPAPL § 749[3]; NY City Hous. Auth. v Torres, 61 AD2d 681 [1978]; 1199 Hous. Corp. v Warren, 2003 NY Slip Op 51046[U] [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.



NOVEMBER 26, 2010
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
November 2010 Term

Shulman, J.P., McKeon, Schoenfeld, JJ.
Calendar No. 10-370
NY County Clerk's No. 570433/10
160-62 East 2nd St. H.D.F.C.,
Petitioner-Landlord-Respondent, -
against-
Saran Beaumont,
Respondent-Tenant-Appellant, -
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 (Brenda S. Spears, J.), dated February 19, 2010, which denied her motion to vacate a default judgment in a nonpayment summary proceeding.
Per Curiam.
Order (Brenda S. Spears, J.), dated February 19, 2010, affirmed, without costs.
Civil Court providently exercised its discretion in denying tenant relief from her default in appearing for trial in this summary nonpayment proceeding. Tenant failed to show a reasonable excuse for her default and a meritorious defense to landlord's claim for rent arrears. Moreover, in the absence of good cause, the judgment and warrant should not be vacated (see RPAPL § 749[3]; NY City Hous. Auth. v Torres, 61 AD2d 681 [1978]; 1199 Hous. Corp. v Warren, 2003 NY Slip Op 51046[U] [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 26, 2010



Decision Date: November 26, 2010