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94-10 Realty LLC v Lobo
2009 NY Slip Op 51633(U) [24 Misc 3d 140(A)]
Decided on July 24, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 24, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-1502 Q C.

94-10 Realty LLC, Appellant,

against

Claudia Lobo and LUIS CARLOS GONZALEZ, Respondents, -and- ADRIAN GONZALES, Undertenant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), dated January 16, 2008. The order granted tenants' motion to vacate an order entered on tenants' default.


Appeal dismissed.

In this chronic-nonpayment holdover proceeding, landlord failed to submit written opposition to tenants' motion to vacate an order entered on tenants' default. Therefore, the Civil Court's order granting tenants' motion must be deemed to have been entered
on landlord's default and the appeal must be dismissed, as no appeal lies from an order entered on the default of the appealing party (see CPLR 5511; see also Viggiani v Grodotzke, 306 AD2d 273 [2003]).

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: July 24, 2009