10 W. 56th St. LLC v John Barrett 10 W. 56th St. LLC



10 W. 56th St. LLC v John Barrett 10 W. 56th St. LLC
Motion No: 570029/17
Slip Opinion No: 2017 NY Slip Op 61161(U)
Decided on January 12, 2017
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.



January 12, 2017

10 W. 56th St. LLC v John Barrett 10 W. 56th St. LLC

It is Ordered that said application, pursuant to CPLR § 5704(b), is granted only to the extent of vacating the denial of petitioner-landlord's application for a default judgment issued by the Hon. Paul A. Goetz, on October 13, 2016, and directing the Clerk of the 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 respondent-tenant and respondent-

undertenant herein. ( see, Matter of Brusco v. Braun, 84 NY2d 674, 681 [1994]).

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, Gonzalez, J.J.

Motion No. 570029/17