Jiggetts v Twum

[*1] Jiggetts v Twum 2014 NY Slip Op 51889(U) Decided on December 31, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 31, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
570877/14

Kyle Jiggetts, Petitioner-Appellant, - and

against

Joana A. Twum, Respondent-Respondent.

Petitioner appeals from an order of the Civil Court of the City of New York, Bronx County (Steven Weissman, J.), dated July 7, 2014, which granted respondent motion to vacate a default final judgment and, sua sponte, dismissed the petition in a Housing Part enforcement proceeding.

Per Curiam.

Order (Steven Weissman, J.), dated July 7, 2014, modified to reinstate the petition; as modified, order affirmed, without costs.

We find no cause to disturb the motion court's discretionary determination to vacate respondent-owner's default in defending this Housing Part (HP) enforcement proceeding, respondent having offered a reasonable excuse for what appears to have been an unintended default and demonstrated a potentially meritorious defense to the HP petition. The court erred, however, in going further and, sua sponte, dismissing the facially viable HP petition, a remedy unsupportable on the limited record now before us. In reinstating the petition, we express no view as to the ultimate outcome on the merits.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: December 31, 2014