| One Bennett Holding L.P. v La Fiesta 95 Inc. |
| Motion No: 570082/17 |
| Slip Opinion No: 2017 NY Slip Op 63478(U) |
| Decided on February 7, 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. |
February 7, 2017
One Bennett Holding L.P. v La Fiesta 95 Inc.
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 January 3, 2017, 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, Ling-Cohan, J.J.
Motion No. 570082/17