55 Wall Assoc., LLC v Cosmo

[*1] 55 Wall Assoc., LLC v Cosmo 2013 NY Slip Op 50780(U) Decided on May 16, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 16, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570228/12.

55 Wall Associates, LLC, Petitioner-Landlord-

against

William Cosmo, Respondent-Tenant-Appellant, -and- John and Jane Doe, Respondents- Undertenants.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (John H. Stanley, J.), dated July 20, 2012, which denied his motion to vacate his default in appearing at a traverse hearing.

Per Curiam.

Order (John H. Stanley, J.), dated July 20, 2012, affirmed, with $10 costs.

The motion court providently exercised its discretion in finding that tenant's excuse for his failure to timely appear at the January 5, 2012 traverse hearing was both implausible and unreasonable (see Whittemore v Yeo, 99 AD3d 496 [2012], and properly denied tenant's belated application to vacate the default. In treating the merits of the appeal, we assume, without deciding, that tenant's right to appeal directly from the July 20, 2012 order denying vacatur relief survived the dismissal of his appeal from the January 27, 2012 possessory judgment issued in landlord's favor (see and compare Paul Revere Life Ins. Co. v Campagna, 233 AD2d 954, 954-955 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 16, 2013