Bagot v Semedo (2013 NY Slip Op 51451(U))

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Bagot v Semedo

2013 NY Slip Op 51451(U) [40 Misc 3d 139(A)]

Decided on August 21, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 21, 2013

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., RIOS and ALIOTTA, JJ
2012-528 K C.

Voltan Bagot, Respondent, —

against

Joao Semedo, JOAO SEMEDO Doing Business as JVS TIRE SHOP, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), dated January 31, 2012. The order denied tenant's motion to vacate default final judgments entered August 22, 2011 awarding landlord, respectively, possession and arrears of $51,200, in a nonpayment summary proceeding.

ORDERED that the order is affirmed, without costs.

Inasmuch as tenant failed to show a reasonable excuse for his default in appearing and answering the petition in this commercial nonpayment proceeding, the Civil Court did not improvidently exercise its discretion in denying his motion to vacate the default final judgments which had been entered against him, awarding landlord, respectively, possession and arrears (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the Civil Court's order is affirmed.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: August 21, 2013