150 Realty Corp. v Stafford (2004 NY Slip Op 51541(U))

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150 Realty Corp. v Stafford

2004 NY Slip Op 51541(U)

Decided on December 8, 2004

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 8, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: December 8, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2003-484 K C

150 REALTY CORP., Appellant,

against

CHARLENE STAFFORD on behalf of GLADYS STAFFORD, deceased, Respondent.

Appeal by landlord from an order of the Civil Court, Kings County (J. Baynes, J.), dated November 8, 2002, which, upon a motion by tenant for a stay, vacated a default final judgment and warrant.

Order unanimously reversed without costs, default final judgment and warrant reinstated and tenant's motion denied.

Tenant's claim that she did not receive notice of landlord's motion to restore the matter to the calendar is belied by the fact, unexplained in the record, that the motion papers were concededly in her possession. Moreover, landlord's subsequent letter to tenant notifying her of the trial date fixed by the court was accompanied by a certificate of mailing, and the court below properly found that this letter was mailed. In these circumstances, tenant failed to show an adequate excuse for her failure to submit opposition to landlord's motion and to appear on the trial date. Accordingly, the final judgment entered based on these defaults should not have been vacated and tenant's motion should have been denied.
Decision Date: December 08, 2004