| Gouverneur Gardens Hous. Corp. v Lee |
| 2009 NY Slip Op 51322(U) [24 Misc 3d 129(A)] |
| Decided on June 30, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Zhang Jin Fang a/k/a Jin Fang Zhang appeals from an order of the Civil Court of
the City of New York, New York County (Eardell J. Rashford, J.), dated November 25, 2008,
which denied her motion to "vacate" a final judgment awarding landlord possession in a
holdover summary proceeding.
Per Curiam.
Order (Eardell J. Rashford, J.), dated November 25, 2008, affirmed, with $10 costs.
Appellant, who was originally identified as "Jane Doe," is deemed to have submitted to the court's jurisdiction by moving to dismiss the holdover petition on the merits, without raising any jurisdictional objection (see ICD Group Intern, Ltd. v Achidov, 284 AD2d 244 [2001]). Nor may appellant now advance any issue with respect to landlord's enforcement of the underlying certificate of eviction, having failed to directly appeal from the final judgment (see 433 West [*2]Assoc. v Murdock, 276 AD2d 360 [2000]). In any event, even if properly raised, appellant's contention that landlord unduly delayed in pursuing its eviction claim is without merit (see Matter of Schorr v New York City Dept. of Hous. Preserv. & Dev., 10 NY3d 776 [2008]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 30, 2009