Beaux Arts II, LLC v Azumendi

[*1] Beaux Arts II, LLC v Azumendi 2010 NY Slip Op 52043(U) [29 Misc 3d 138(A)] Decided on November 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ
570069/10.

Beaux Arts II, LLC, Petitioner-Landlord-Respondent,

against

Marina de Larracoechea Azumendi, Respondent-Tenant-Appellant.

Tenant appeals from (1) a default final judgment of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered July 9, 2009, after an inquest, which awarded possession to landlord in a holdover summary proceeding, (2) an order (same court and Judge), dated November 20, 2009, which denied tenant's motion to vacate the default judgment, and (3) that portion of an order (same court and Judge), dated January 5, 2010, which denied tenant's motion to stay the execution of the warrant of eviction to May 31, 2010.

Per Curiam.

Order (Gerald Lebovits, J.), dated November 20, 2009, affirmed, without costs, for the reasons stated by Gerald Lebovits, J. at Civil Court. Appeal from default final judgment (same Judge), entered July 9, 2009, dismissed, without costs, on the ground that no appeal lies from such a judgment (see CPLR 5511); appeal from order (same Judge), dated January 5, 2010, dismissed, without costs, as abandoned.

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: November 29, 2010