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Brooklyn Union Gas Co. v Harewood
2014 NY Slip Op 50339(U) [42 Misc 3d 145(A)]
Decided on February 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 28, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., ALIOTTA and SOLOMON, JJ
2011—3034 K C.

Brooklyn Union Gas Company Doing Business as NATIONAL GRID NEW YORK, Respondent,

against

Ava Harewood, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Nancy M. Bannon, J.), entered October 5, 2011. The order denied defendant's motion to vacate an order of seizure of the same court dated August 1, 2011.


ORDERED that the order entered October 5, 2011 is affirmed, without costs.

After defendant, the owner of a three-family home, allegedly failed to pay her gas bills, plaintiff commenced this action. On August 1, 2011, plaintiff obtained an order of seizure pursuant to CPLR 7102. Nearly two months later, defendant moved to vacate the order of seizure, which motion the Civil Court denied by order entered October 5, 2011.

Upon a review of the record, we find no basis to vacate the order of seizure (see Siemens Med. Solutions USA, Inc. v Magnetic Resonance Imaging Assoc. of Queens, P.C., 100 AD3d 620, 621 [2012] Consolidated Edison of NY, Inc. v Halo, 2003 NY Slip Op 50973[U] [App Term, 2d, 11th & 13th Jud Dists 2003]). We note that financial hardship is not a meritorious defense and a ground for vacatur of an order of seizure.

Accordingly, the order entered October 5, 2011 is affirmed.

Weston, J.P., Aliotta and Solomon, JJ., concur.
Decision Date: February 28, 2014