Montemarano v Capani Mgt.

[*1] Montemarano v Capani Mgt. 2007 NY Slip Op 52296(U) [17 Misc 3d 137(A)] Decided on November 21, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
2006-1985 K C.

Sally L. Montemarano, Appellant,

against

Capani Management, 1830 Brooklyn Avenue Associates and Sevdil Rifati, Respondents.

Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), dated June 29, 2006. The order, following an inquest, denied plaintiff's application to enter a default judgment and dismissed the complaint.

Order affirmed without costs.

Upon an application to enter a default judgment, the court below conducted an inquest at which it permitted plaintiff to give extensive narrative testimony regarding her claims against defendants herein, and afforded her an additional 60 days to submit any other documentary evidence in support of her claim (see generally Uniform Rules for NY City Civ Ct [22 NYCRR] § 208.32).

It is well settled that [w]here a valid cause of action is not stated, the party moving for judgment is not entitled to the requested relief, even on default" (Green v Dolphy Constr. Co., 187 AD2d 635 [1992]; see also Dyno v Rose, 260 AD2d 694, 698 [1999]). In our opinion, the court properly found that plaintiff failed to demonstrate that she had a viable cause of action against defendants. Accordingly, the court did not err in denying plaintiff's application for a default judgment and dismissing the complaint for failure to state a cause of action.

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: November 21, 2007