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373-381 Park Ave. S., LLC v Golf Partners, L.P.
2007 NY Slip Op 50112(U) [14 Misc 3d 132(A)]
Decided on January 26, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 26, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570457/06.

373-381 Park Avenue South, LLC, Petitioner-Landlord-Respondent,

against

Golf Partners, L.P., d/b/a Park Avenue Country Club, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered July 26, 2006, which denied its motion to vacate a default judgment and a warrant of eviction in a nonpayment summary proceeding.


PER CURIAM:
Order (Arthur F. Engoron, J.), entered July 26, 2006, affirmed, with $10 costs.

In the absence of a reasonable excuse for tenant's failure to answer the petition or a showing of a meritorious defense, the denial of the motion to vacate the default judgment was a provident exercise of discretion.

This constitutes the decision and order of the court.
Decision Date: January 26, 2007