| University Towers Assoc. v Senior |
| 2006 NY Slip Op 50476(U) [11 Misc 3d 135(A)] |
| Decided on March 27, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Oymin Chin, J.), entered December 3, 2004 and from an order of said court (George M. Heymann, J.), entered February 10, 2005. The final judgment, entered on default, awarded landlord possession. The order denied tenant's motion to vacate the default final judgment.
Appeal from final judgment dismissed.
Order affirmed without costs.
The appeal from the final judgment of possession must be dismissed since it was entered on default and is therefore not appealable (see CPLR 5511). Tenant's
moving papers in support of her motion to vacate the default final judgment were insufficient to establish a meritorious defense to the action or an excusable default (see CPLR 5015 [a]; see also Weinstein-Korn-Miller, NY Civ Prac ¶ 5015.04). Accordingly, the lower court properly denied said motion.
Golia, J.P., Rios and Belen, JJ., concur.
Decision Date: March 27, 2006