| Chelsea 19 Assoc. v James |
| 2008 NY Slip Op 52013(U) [21 Misc 3d 129(A)] |
| Decided on October 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court of the City of New York, New York
County (Peter M. Wendt, J.), dated July 25, 2007, which conditionally granted tenant's motion to
vacate a default final judgment in a nonpayment summary proceeding.
PER CURIAM.
Order (Peter M. Wendt, J.), dated July 25, 2007, reversed, with $10 costs, motion denied and default final judgment reinstated. Execution of the warrant shall be stayed for 30 days from the service of a copy of this order, with notice of entry.
In the absence of any excuse whatsoever for tenant's calendar default or a proper showing of
a meritorious defense to landlord's rent claim, tenant's motion to vacate the default judgment
should have been denied. Nor was a further stay of execution of the warrant of eviction
appropriate in view of tenant's extensive and unexplained rent defaults, both prior to and during
the pendency of this "summary" proceeding.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 08, 2008