| Parkview Equities, LLC v Coughlin |
| 2014 NY Slip Op 50164(U) [42 Misc 3d 138(A)] |
| Decided on January 29, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the City Court of Yonkers, Westchester County (Robert C.
Cerrato, J.), entered August 20, 2012. The order denied tenant's motion to vacate a
default final judgment in a nonpayment summary proceeding.
ORDERED that the order is reversed, without costs, and tenant's motion to vacate the default final judgment is granted.
In this nonpayment proceeding, the City Court erred in denying, based on tenant's failure to make a second court-ordered deposit of rent arrears, tenant's motion to vacate a default final judgment (Zabolotny v Andersen, 19 Misc 3d 128[A], 2008 NY Slip Op 50517[U] [App Term, 9th & 10th Jud Dists 2008] see also Stepping Stones Assoc. v Seymour, 184 Misc 2d 990 [App Term, 9th & 10th Jud Dists 2000] cf. RPAPL 745 [2] [c] [ii] 49 Terrace Corp. v Richardson, 40 Misc 3d 135[A], 2013 NY Slip Op 51306[U] [App Term, 1st Dept 2013]). Inasmuch as tenant showed an excuse for her default and a potentially meritorious defense of, among others, breach of the warranty of habitability, the order is reversed and tenant's motion is granted.
Nicolai, P.J., LaSalle and Marano, JJ., concur.
Decision Date: January 29, 2014