[*1]
320-22 N.Y. Ave. Ira, LLC v Faulkner
2006 NY Slip Op 50351(U) [11 Misc 3d 132(A)]
Decided on March 9, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 9, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2005-151 K C.

320-22 New York Avenue Ira, LLC, Respondent,

against

Doris C. Faulkner, Tenant, -and- DEBORAH H. ABRAHAMS, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants.


Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Marie Jimenez, J.), dated October 14, 2004, deemed (see CPLR 5520 [c]) from the final judgment entered pursuant thereto on the same date. The final judgment awarded possession to landlord.


Final judgment affirmed without costs.

Since the undertenant-appellant, Deborah H. Abrahams, never moved in the court below to vacate the stipulation, the arguments that she presents, for the first time on appeal, in support of such vacatur cannot be considered. In any event, the arguments lack merit (see Matinzi v Joy, [*2]60 NY2d 835 [1983]; Eckstein v New York Univ., 270 AD2d 208 [2000]; Merwest Realty Corp. v Prager, 264 AD2d 313 [1997]).

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: March 9, 2006