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Consolidated Edison Co. of N.Y., Inc. v Cunningham
2014 NY Slip Op 50272(U) [42 Misc 3d 143(A)]
Decided on February 28, 2014
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 28, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
14-060.

Consolidated Edison Company of New York, Inc., Plaintiff-Respondent, - -

against

Benjamin Cunningham, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, Bronx County, (Gerald Lebovits, J.), entered October 13, 2013, which denied his motion, in effect, to vacate an order of seizure previously issued in plaintiff's favor.


Per Curiam.

Order (Gerald Lebovits, J.), entered August 2, 2013, affirmed, without costs.

No basis was shown to vacate the underlying July 18, 2013 order of seizure validly obtained by plaintiff Con Edison (see CPLR 7102), where defendant does not dispute that he was in arrears in his utility payments or that he unjustifiably refused plaintiff's employee access to disconnect the utility meters. We would be remiss if we failed to note that defendant admittedly brandished a knife in attempting to prevent the marshal from enforcing the seizure order.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 28, 2014