[*1]
| 160-62 E. 2nd St. H.D.F.C. v Beaumont |
| 2010 NY Slip Op 52037(U) [29 Misc 3d 138(A)] |
| Decided on November 26, 2010 |
| 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| This opinion is uncorrected and will not be
published in the printed Official Reports. |
APPELLATE TERM OF THE SUPREME COURT, FIRST
DEPARTMENT
PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ
570433/10.
Calendar No. 10-370
160-62 East 2nd St. H.D.F.C.,
Petitioner-Landlord-Respondent,
against
Saran Beaumont, Respondent-Tenant-Appellant, -and- "John Doe" and
"Jane Doe," Respondents.
Tenant appeals from an order of the Civil Court of the City of New York, New York County
(Brenda S. Spears, J.), dated February 19, 2010, which denied her motion to vacate a default
judgment in a nonpayment summary proceeding.
Per Curiam.
Order (Brenda S. Spears, J.), dated February 19, 2010, affirmed, without costs.
Civil Court providently exercised its discretion in denying tenant relief from her default in
appearing for trial in this summary nonpayment proceeding. Tenant failed to show a reasonable
excuse for her default and a meritorious defense to landlord's claim for rent arrears. Moreover, in
the absence of good cause, the judgment and warrant should not be vacated (see RPAPL
§ 749[3]; NY City Hous. Auth. v Torres, 61 AD2d 681 [1978]; 1199 Hous.
Corp. v Warren, 2003 NY Slip Op 51046[U] [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
| NOVEMBER 26, 2010 |
| SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT |
| | | | November 2010 Term |
| | | |
Shulman, J.P., McKeon, Schoenfeld, JJ.
Calendar No.
10-370
NY County Clerk's No. 570433/10
160-62 East 2nd St. H.D.F.C.,
Petitioner-Landlord-Respondent,
-
against-
Saran Beaumont,
Respondent-Tenant-Appellant,
-
and-
"John Doe" and "Jane Doe,"
Respondents.
Tenant appeals from an order of the Civil Court of the City of New York, New York
County (Brenda S. Spears, J.), dated February 19, 2010, which denied her motion to vacate a
default judgment in a nonpayment summary proceeding.
Per Curiam.
Order (Brenda S. Spears, J.), dated February 19, 2010, affirmed, without costs.
Civil Court providently exercised its discretion in denying tenant relief from her default in
appearing for trial in this summary nonpayment proceeding. Tenant failed to show a reasonable
excuse for her default and a meritorious defense to landlord's claim for rent arrears. Moreover, in
the absence of good cause, the judgment and warrant should not be vacated (see RPAPL
§ 749[3]; NY City Hous. Auth. v Torres, 61 AD2d 681 [1978]; 1199 Hous.
Corp. v Warren, 2003 NY Slip Op 51046[U] [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 26, 2010
Decision Date: November 26, 2010