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Heatherwood House at Ronkonkoma, LLC v Kuehn
2008 NY Slip Op 52298(U) [21 Misc 3d 138(A)]
Decided on November 7, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 7, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : McCABE, J.P., TANENBAUM and MOLIA, JJ
2007-1492 S C.

Heatherwood House at Ronkonkoma, LLC, Respondent,

against

Susan Kuehn, Appellant, -and- WILLIAM SLEPOFF, Respondent.


Appeal from an order of the District Court of Suffolk County, Sixth District (Gigi A. Spelman, J.), dated September 12, 2007. The order denied a motion by tenant Susan Kuehn to vacate a default final judgment awarding landlord possession and the principal sum of $3,481.65 in a nonpayment summary proceeding.


Order affirmed without costs.

In this nonpayment proceeding, tenant Susan Kuehn appeals from an order denying her motion to vacate a final judgment entered upon tenants' default in appearing at trial. In her motion below, tenant offered no meritorious defense to this proceeding, and, thus, her motion was properly denied. Tenant's allegation on appeal that landlord failed to make necessary repairs is dehors the record and will not be considered (see e.g. Devellis v Lucci, 266 AD2d 180 [1999]). Accordingly, the order is affirmed.

McCabe, J.P., and Tanenbaum, J., concur.

Molia, J., taking no part
Decision Date: November 07, 2008