Washington Realty, Co. v Acheampong (2003 NY Slip Op 51668(U))

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Washington Realty, Co. v Acheampong

2003 NY Slip Op 51668(U)

Decided on December 19, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 19, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and RIOS, JJ.
NO. 2003-126 K C

WASHINGTON REALTY, CO., Respondent,

against

KOFI ACHEAMPONG, Appellant.

Appeal by tenant from an order of the Civil Court, Kings County (M. Sikowitz, J.), entered on January 27, 2003, denying his motion seeking, in effect, to vacate a default final judgment and to be restored to possession.

Order unanimously affirmed without costs.

In this nonpayment proceeding there is no basis to vacate the tenant's default in appearing at trial since the moving papers fail to allege a meritorious defense to the proceeding. Moreover, tenant's arguments, raised for the first time on appeal, are not properly before us and the record is devoid of any evidence concerning payment of rent.
Decision Date: December 19, 2003