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NYCHA-Harlem Riv. Houses v Springs
2005 NY Slip Op 50163(U)
Decided on February 16, 2005
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 16, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570148/04

NYCHA-HARLEM RIVER HOUSES, Petitioner-Landlord-Respondent,

against

AVA SPRINGS, Respondent-Tenant-Appellant.


Tenant appeals from two orders of the Civil Court, New York County dated January 16, 2004 (Jerald R. Klein, J.) and February 10, 2004 (Ernest J. Cavallo, J.), respectively, which, inter alia, denied her motion to vacate a consent judgment entered in a nonpayment summary proceeding.


PER CURIAM:

Orders entered January 16, 2004 (Jerald R. Klein, J.) and February 10, 2004 (Ernest J. Cavallo, J.) affirmed, without costs.

The orders under review, declining to vacate the judgment entered pursuant to the parties' so-ordered stipulation while affording tenant additional time to cure her inadequately explained defaults in complying with the stipulation's clear and unambiguous payment provisions, represent an appropriate exercise of discretion. In the absence of good cause (RPAPL 749[3]), the judgment and warrant should not be overturned (see New York City Hous. Auth. v Torres, 61 AD2d 681 [1978]).

This constitutes the decision and order of the court.
Decision Date: February 16, 2005