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29 John St., LLC v HVA Corp.
2008 NY Slip Op 50582(U) [19 Misc 3d 131(A)]
Decided on March 24, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 24, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ
570847/07.

29 John Street, LLC, Petitioner-Landlord-Respondent,

against

HVA Corp., Respondent-Tenant-Appellant, -and- ABC Corp., Respondent-Undertenant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Jose A. Padilla, Jr., J.), dated April 23, 2007, which denied its motion to vacate a default judgment and warrant of eviction in a commercial nonpayment summary proceeding.


Per Curiam.

Order (Jose A. Padilla, Jr., J.), dated April 23, 2007, affirmed, with $10 costs.

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

THIS CONSTITUTES THAT DECISION AND ORDER OF THE COURT.
Decision Date: March 24, 2008