| Loscalzo v Rodriguez |
| 2015 NY Slip Op 50170(U) [46 Misc 3d 141(A)] |
| Decided on February 6, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 District Court of Suffolk County, Sixth District (David A. Morris, J.), entered April 3, 2014. The order denied tenant's motion to vacate a default final judgment in a holdover summary proceeding.
ORDERED that the order is affirmed, without costs.
In support of her motion, based on a claim of excusable default (CPLR 5015 [a] [1]), to vacate a default final judgment entered against her in this holdover proceeding, tenant failed to establish the existence of a meritorious defense (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Tenant's claim that landlord's notice of termination was vitiated by tenant's deposit into court, subsequent to the July 31, 2013 termination of the tenancy, of the August 2013 use and occupancy is without merit (see MH Residential 1, LLC v Waitman, 41 Misc 3d 128[A], 2013 NY Slip Op 51680[U] [App Term, 1st Dept 2013]). Tenant's claim that her filing of a grievance against landlord's attorney prior to the service of the termination notice, and her filing of a human rights complaint thereafter, triggered the retaliatory-eviction statute (Real Property Law § 223-b) is also without merit, as her grievance did not involve an alleged violation by landlord of a health or safety law or regulation, or the enforcement of a right under the rental agreement (see Real Property Law § 223-b), and the human rights complaint was filed after landlord had terminated the tenancy.
Under the circumstances, we need not reach the issue of whether tenant established an adequate excuse for her default.
Accordingly, the order is affirmed.
Marano, P.J., Iannacci and Garguilo, JJ., concur.