Neck Rd. One Realty, LLC v Artdent, Inc.

[*1] Neck Rd. One Realty, LLC v Artdent, Inc. 2012 NY Slip Op 50405(U) Decided on March 5, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2010-3190 K C.

Neck Road One Realty, LLC, Respondent,

against

Artdent, Inc., Appellant, -and- "JOHN DOE," Undertenant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), dated March 29, 2010. The order, insofar as appealed from, denied the branches of tenant's motion seeking to vacate a default final judgment and warrant, and to restore tenant to possession.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this commercial nonpayment summary proceeding, a default final judgment awarding landlord possession and the sum of $67,546.17 was entered on August 25, 2009. The warrant of eviction issued on September 4, 2009 and was executed on February 8, 2010. Thereafter, the Civil Court denied the branches of a motion by tenant seeking to vacate the final judgment and warrant of eviction, and to restore tenant to possession. [*2]

Upon a review of the record, we find no sufficient basis to vacate the default final judgment and warrant, as tenant failed to show that it has a meritorious defense (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Moreover, while the Civil Court is authorized, in appropriate circumstances, to restore a tenant to possession after an eviction (see CCA 212; CPLR 5015 [d]; Matter of Brusco v Braun, 84 NY2d 674, 682 [1994]; 467 42nd St. v Decker, 186 Misc 2d 439, 440 [App Term, 2d & 11th Jud Dists 2000]), we find that such circumstances do not exist here. Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: March 05, 2012