Chauncey Sumpter L.P. v Brown (2006 NY Slip Op 50487(U))

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Chauncey Sumpter L.P. v Brown

2006 NY Slip Op 50487(U) [11 Misc 3d 136(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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 27, 2006

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., RIOS and BELEN, JJ
2005-914 K C.

Chauncey Sumpter L.P., Respondent,

against

Calvin Brown, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants.

Appeal from an order of the Civil Court of the City of New York, Kings County (Marcia Sikowitz, J.), entered May 16, 2005. The order denied tenant's motion to vacate a final judgment of possession entered on default.

Order affirmed without costs.

Tenant's moving papers in support of the motion to vacate the default final judgment are insufficient to establish a lack of jurisdiction over his person. They likewise fail to establish a meritorious defense to the proceeding (see CPLR 5015 [a] [1]; see also Weinstein-Korn-Miller, NY Civ Prac ¶ 5015.04). Accordingly, the order denying tenant's motion is affirmed.

Golia, J.P., Rios and Belen, JJ., concur. [*2]
Decision Date: March 27, 2006