Avenue O Realty LLC v David & Hanna Bokovza
2003 NY Slip Op 51395(U)
Decided on October 21, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Unclassified—Unclassified

Decided on October 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-122 K C

AVENUE O REALTY LLC, Respondent,

against

DAVID & HANNA BOKOVZA, Appellants.


[*2]Appeal by tenants from an order of the Civil Court, Kings County (G. Marton, J.), entered November 8, 2002, denying tenants' motion to vacate a default final judgment awarding landlord possession and the sum of $24,433.50.


Order unanimously affirmed without costs.

In order to be relieved of their default, tenants in this nonpayment summary proceeding were required to show a reasonable excuse for the default and a meritorious defense (CPLR 5015 [a]; Roussodimou v Zafiriadis, 238 AD2d 568) the circumstances of this case, the court did not improvidently exercise its discretion in denying tenants' motion, as tenants made only conclusory allegations of payment and non-receipt of notice of the trial date (see e.g. Thattil v Mondesir, 275 AD2d 408; Roussodimou, 238 AD2d at 568).
Decision Date: October 21, 2003