Waterside Plaza Ground Lessee LLC v DeJesus, Anthony et al.

Motion No: 570090/16

Slip Opinion No: 2016 NY Slip Op 64581(U)

Decided on February 18, 2016

Appellate Term, First 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.

February 18, 2016

Waterside Plaza Ground Lessee LLC v DeJesus, Anthony et al.

It is Ordered that this Court's Feb. 8, 2016, order in this matter is hereby recalled & vacated.

It is Ordered that said application, pursuant to CPLR § 5704(b), is granted to the extent of vacating the denial of petitioner-landlord's application for a default judgment issued by the Hon. Anne Katz on January 26, 2016, and directing the Clerk of Civil Court of the City of New York, County of New York to enter a default judgment of possession in favor of petitioner-landlord and against respondents herein.

It is further Ordered that the Clerk of the Civil Court is to issue, forthwith a warrant of eviction in favor of petitioner-landlord and against respondent-tenant and respondent-undertenant.

By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Motion No. 570090/16