Graham v Moore

[*1] Graham v Moore 2005 NYSlipOp 52087(U) Decided on December 12, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 12, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and BELEN, JJ.
2005-34 Q C

Clinton Graham, Respondent,

against

Karen Moore, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Gilbert Badillo, J.), dated October 20, 2004. The order denied tenant's motion to be restored to possession.

Order unanimously affirmed without costs.

The allegations contained in tenant's papers in support of her motion to be restored to possession fail to establish that she was wrongfully evicted. We note that the failure to properly serve or execute the 72-hour notice does not affect the validity of the underlying default final judgment, which tenant never moved to vacate, and affords no basis for granting a motion to restore (see 601 Realty Co. v Osman, NYLJ, Apr. 6, [*2]
1989 [App Term, 2d & 11th Jud Dists]; Sirak Co. v Santiago, NYLJ, Apr. 7, 1987 [App Term, 2d & 11th Jud Dists]; Presidential Management Co. v. Farley, 78 Misc 2d 610, 612 [App Term, 2d & 11th Jud Dists 1974]).
Decision Date: December 12, 2005