ADM Mgt. Corp. v Mathews

[*1] ADM Mgt. Corp. v Mathews 2019 NY Slip Op 51005(U) Decided on June 19, 2019 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 19, 2019
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, P.J., Cooper, Edmead, JJ.
570992/18

ADM Management Corp., Petitioner-Landlord-Respondent,

against

Nicola Mathews, Respondent-Tenant-Appellant.

Tenant appeals from (1) an order of the Civil Court of the City of New York, Bronx County (Arlene H. Hahn, J.), dated August 28, 2018, which denied her motion to vacate a default final judgment entered August 28, 2018, after an inquest, which awarded possession to landlord in a holdover summary proceeding and (2) an order (same court and Judge), dated December 7, 2018, which denied tenant's renewed motion to vacate the judgment.

Per Curiam.

Orders (Arlene H. Hahn, J.), dated, respectively, August 28, 2018, and December 7, 2018, affirmed, without costs.

Civil Court providently exercised its discretion in denying tenant's motion to vacate the default final judgment. Even assuming that tenant had a reasonable excuse for her failure to appear on the rescheduled trial date, she failed to demonstrate a potentially meritorious defense to the nuisance holdover petition (see Davidson v Valentin, 65 AD3d 1075 [2009]; Ursula Realty Corp. v Kirnon, 20 Misc 3d 142[A], 2008 NY Slip Op 51692[U] [App Term, 1st Dept 2008]; Caiola v Bien, NYLJ, November 24, 1999 at 30, col 3 [App Term, 1st Dept 1999]). Tenant's affidavit of merit, which contained only conclusory assertions and denials that she "[has] never been a nuisance tenant" and that such accusations were "false," was insufficient to establish a possible meritorious defense.

Nor is a basis for vacatur relief found in the discrimination complaint filed by tenant with the State Division of Human Rights against the landlord (see generally Lily E. 81st LLC v Kristopher, 37 Misc 3d 134[A], 2012 NY Slip Op 52088[U} [App Term, 1st Dept 2012]) which, in any event, was dismissed on the merits after an evidentiary hearing.

We note that tenant has been evicted from the premises on January 22, 2019.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 19, 2019