Portela v Weiner

[*1] Portela v Weiner 2008 NY Slip Op 50531(U) [19 Misc 3d 129(A)] Decided on March 12, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 12, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and RIOS, JJ
2006-1623 Q C.

Leopoldina Portela, Respondent,

against

Mateo Weiner, Appellant, -and- "John Doe" and "Jane Doe", Undertenants.

Appeal from an order of the Civil Court of the City of New York, Queens County (Bruce Marc Kramer, J.), entered October 12, 2006. The order, insofar as appealed from, in effect denied tenant's motion to vacate the default final judgment entered against him.

Order, insofar as appealed from, reversed without costs and tenant's motion to vacate the default final judgment granted.

After tenant interposed an answer in this nonpayment proceeding, in which he asserted, inter alia, that there were nine "C" violations in the apartment, he failed to appear for trial, and a final judgment awarding landlord possession and arrears was entered on his default. In support of a motion to vacate the default final judgment, tenant asserted, among other things, that he was incarcerated on the date of the hearing and that there continued to be hazardous conditions in his apartment. His motion to vacate the default judgment was, in effect, denied by the lower court, and tenant appeals.

In our view, tenant asserted a reasonable excuse for his default and arguably meritorious defenses. Accordingly, the order is reversed and tenant's motion to vacate the default final judgment granted.

Weston Patterson, J.P., Golia and Rios, JJ., concur. [*2]
Decision Date: March 12, 2008