| Tuxedo Reserve Owner, LLC v Elizabeth Bernard |
| Motion No: 2007-00092 ORC |
| Slip Opinion No: 2007 NYSlipOp 66925(U) |
| Decided on April 5, 2007 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| TUXEDO RESERVE OWNER, LLC, Respondent, -against- ELIZABETH BERNARD, Appellant. |
DECISION
On the court's own motion, tenant-appellant's motion and landlord-respondent's motion returnable January 24, 2007 are hereby consolidated for purposes of disposition.
Motion by tenant-appellant for a stay pending determination of the appeal is denied.
Motion by landlord-respondent is granted to the extent that the appeal is dismissed as no appeal lies from a judgment entered upon default (Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]; Vanderveer Apts. v Moore, 2 Misc 3d 132[A], 2004 NY Slip Op 50123[U] [App Term, 2d & 11th Jud Dists]; Scott v Mellen, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]).