APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT Appellate Term, First Department
November 22, 2011
RIVER VIEW TOWERS, INC.,
WILLIAM C. ISRAEL, RESPONDENT-TENANT-APPELLANT, -AND- FRANCES ISRAEL, REBEKAH ISRAEL, "JANE DOE" AND "JOHN DOE",
River View Towers, Inc. v Israel
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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 22, 2011
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), dated September 15, 2010, which denied his posttrial motion to vacate a final judgment previously entered in favor of landlord awarding it possession in a holdover summary proceeding.
Order (Joseph E. Capella, J.), dated September l5, 2010, affirmed, without costs.
Tenant's posttrial motion seeking, in effect, to vacate a possessory judgment previously issued in landlord's favor, was properly denied as untimely and lacking in merit (see CPLR 4405; Casey v Slattery, 213 AD2d 890, 891 ). Tenant failed to establish that landlord procured the final judgment by fraud, misrepresentation, or other misconduct (see CPLR 5015(a)(3); 101 Maiden Lane Realty Co., LLC v Ho, ___AD3d___, 2011 NY Slip Op 07497 ; Citicorp Vendor Fin., Inc. v Island Garden Basketball, Inc., 27 AD3d 608, 609 ), and we find no jurisdictional defect in the underlying termination notice utilized by landlord.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 22, 2011
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