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6141 Broadway Assoc., LLC v Giveand
2006 NY Slip Op 50840(U) [11 Misc 3d 145(A)]
Decided on May 11, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 11, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., GANGEL-JACOB, J.
570210/04

6141 Broadway Associates, LLC, Petitioner-Landlord-Respondent,

against

Eleanor Giveand, Respondent-Tenant-Appellant.


Tenant appeals from a judgment of the Civil Court, Bronx County (Paul Alpert, J.), entered February 23, 2004, which, on default, awarded landlord attorneys' fees in the amount of $942.50. Tenant further appeals from an order (same court and Judge), dated March 11, 2004, which denied her motion to vacate the aforesaid judgment.


PER CURIAM:
Order (Paul Alpert, J.), dated March 11, 2004, affirmed, with $10 costs. Appeal from judgment (same Judge), entered February 24, 2004, dismissed, without costs, as taken from a nonappealable paper.
Civil Court did not abuse its discretion in denying tenant's motion to vacate the default judgment since tenant failed to demonstrate a meritorious defense to landlord's claim for attorneys' fees incurred in connection with the successful prosecution of the underlying nonpayment proceeding.

This constitutes the decision and order of the court.
Decision Date: May 11, 2006