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Beaux Arts II, LLC v. Marina de Larracoechea Azumendi

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


November 29, 2010

BEAUX ARTS II, LLC, PETITIONER-LANDLORD-RESPONDENT,
v.
MARINA DE LARRACOECHEA AZUMENDI, RESPONDENT-TENANT-APPELLANT.

Tenant appeals from (1) a default final judgment of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered July 9, 2009, after an inquest, which awarded possession to landlord in a holdover summary proceeding, (2) an order (same court and Judge), dated November 20, 2009, which denied tenant's motion to vacate the default judgment, and (3) that portion of an order (same court and Judge), dated January 5, 2010, which denied tenant's motion to stay the execution of the warrant of eviction to May 31, 2010.

Per curiam.

Beaux Arts II, LLC v Azumendi

Decided on November 29, 2010

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ

Order (Gerald Lebovits, J.), dated November 20, 2009, affirmed, without costs, for the reasons stated by Gerald Lebovits, J. at Civil Court. Appeal from default final judgment (same Judge), entered July 9, 2009, dismissed, without costs, on the ground that no appeal lies from such a judgment (see CPLR 5511); appeal from order (same Judge), dated January 5, 2010, dismissed, without costs, as abandoned.

THIS CONSTITUTES THE ORDER OF THE COURT.

Date: November 29, 2010

20101129

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