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319 W. 48th St. Realty Corp. v Almeida
2009 NY Slip Op 51699(U) [24 Misc 3d 141(A)]
Decided on August 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 5, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Heitler, Shulman, JJ
570329/07.

319 West 48th Street Realty Corp., Petitioner-Landlord-Respondent,

against

Sandra Almeida, Respondent-Tenant-Appellant, and Ray Noonan, "John Doe" and/or "Jane Doe," Respondents-Undertenants-Appellants.


Tenant Almeida and respondent Noonan appeal from an order of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), dated November 12, 2008, which denied their motion to vacate a default final judgment in a holdover summary proceeding.


Per Curiam.

Order (Joseph E. Capella, J.), dated November 12, 2008, affirmed, with $10 costs.

Vacatur of the default final judgment is unwarranted, appellants having failed to show a reasonable excuse for not opposing the motion to strike their answers or to demonstrate a meritorious defense to landlord's possessory claim based upon nonprimary residence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 05, 2009