Appeal from an order of the Civil Court of the City of New York, Kings County (Donald S. Kurtz, J.), entered October 26, 2005. The order denied a motion by tenant seeking to vacate a consent final judgment, lift a restraint on her bank account and vacate an income execution.

Order affirmed without costs.

After her removal from possession, and after her income was garnisheed and her bank account restrained, tenant moved to vacate the final judgment, entered in this nonpayment proceeding pursuant to a stipulation of settlement, and for related relief. In support of her application, tenant averred that landlord's failure, subsequent to the entry of the final judgment, to timely give her a rent breakdown had resulted in a denial of her
application for Jiggetts relief. However, even assuming that tenant's allegations are true, landlord's conduct provides no basis for relieving tenant of her ultimate liability for the rent, and, as tenant has shown no valid defense to the nonpayment proceeding, there is no basis for setting aside the final judgment. Accordingly, the order denying tenant's motion to vacate the final judgment is affirmed.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: May 14, 2007