| Masaryk Towers Corp. v Spencer |
| 2015 NY Slip Op 50876(U) [47 Misc 3d 154(A)] |
| Decided on June 10, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J), dated June 20, 2014, which denied her motion, in effect, to reargue a prior order (same court and Judge), dated May 21, 2014, which denied her motion to vacate a default final judgment in a holdover summary proceeding.
Per Curiam.
Appeal from order (Phyllis K. Saxe, J), dated June 20, 2014, dismissed, without costs
Tenant's underlying motion, denominated as one to vacate a default final judgment, sought the same relief as tenant sought in two prior motions denied by Civil Court. This motion, which contained no new facts, was, in actuality, one for leave to reargue, the denial of which is not appealable (see CPLR 2221[d][2]; U.S. Bank, N.A. v Russell—Esposito, 71 AD3d 1127 [2010]). In any event, were we to consider the merits, we would affirm, since tenant failed to set forth any meritorious defense to this proceeding brought to enforce a certificate of eviction issued by the New York City Department of Housing Preservation and Development (see Bedford Gardens Co., LP v Jacobowitz, 29 AD3d 501 [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.