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Glencord Bldg. Corp. v Strujan
2012 NY Slip Op 50464(U) [34 Misc 3d 160(A)]
Decided on March 14, 2012
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through March 21, 2012; it will not be published in the printed Official Reports.


Decided on March 14, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ
570466/09.

Glencord Building Corp. and Tenants-in-Common, Petitioners-Landlords-Respondents,

against

Elena Strujan, Respondent-Tenant-Appellant, -and- "John Doe," Respondent-Undertenant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), dated September 22, 2011, which denied her motion to set aside a final judgment previously entered against her in a nonpayment summary proceeding.


Per Curiam.

Order (Sabrina B. Kraus, J.), dated September 22, 2011, affirmed, without costs.

Tenant's motion to vacate the prior adverse final judgment was properly denied as untimely, where the motion was not made until approximately two and a half years after the trial of the underlying nonpayment proceeding and approximately a year and a half after the final judgment was affirmed by this court (see Weinstock v Weinstock, 250 AD2d 671 [1998]). In any event, on the merits, tenant offered no newly discovered evidence that would have changed the outcome of the trial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 14, 2012