| Ursula Realty Corp. v Kirnon |
| 2008 NY Slip Op 51692(U) [20 Misc 3d 142(A)] |
| Decided on August 8, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court of the City of New York, New York County
(Joseph E. Capella, J.), dated June 20, 2007, which denied her motion to vacate a default
judgment issued against her in a holdover summary proceeding.
PER CURIAM.
Order (Joseph E. Capella, J.), entered June 20, 2007, affirmed, without costs.
Vacatur of the default judgment entered against the tenant was properly denied since tenant failed to demonstrate a reasonable excuse for her failure to appear on the adjourned trial date. Tenant's proffered excuse, i.e., that illness prevented her from doing so, is unsupported by any medical documentation (see Guerre v Trustees of Columbia Univ., 300 AD2d 29 [2002]). Nor did tenant attempt to address the nuisance allegations underlying the holdover petition, much less establish that she possessed a meritorious defense.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 08, 2008