| Glenn v Ken Maple, LLC |
| 2008 NY Slip Op 51961(U) [21 Misc 3d 128(A)] |
| Decided on September 29, 2008 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Cheryl J.
Gonzalez, J.), dated February 1, 2007. The order denied a motion by landlord Ken Maple, LLC to
vacate an order to correct violations entered, on landlord's default, on October 10, 2006, and a
judgment entered, on landlord's default, on December 1, 2006, and to dismiss the petition, in a
Housing Part enforcement proceeding.
Order reversed without costs and motion by landlord Ken Maple, LLC to vacate the default order to correct violations and the default judgment, and to dismiss the petition granted.
For the reasons stated in Ebanks v Skyline NYC, LLC ( Misc 3d , 2008 NY Slip Op [No. 2007-1200 K C], decided herewith), we hold that the service herein by first-class mail with certificate of mailing was not sufficient. Accordingly, the Housing Part's order denying the motion by landlord Ken Maple, LLC to vacate the default order to correct violations and the default judgment, and to dismiss the petition is reversed and the motion granted.
Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: September 29, 2008