SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department
November 30, 2011
903 REALTY, LLC,
Appeal from an order of the Civil Court of the City of New York, Kings County (Anthony J. Fiorella, Jr., J.), dated April 20, 2010.
903 Realty, LLC v Michael
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This opinion is uncorrected and will not be published in the printed Official Reports.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 30, 2011
PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ
The order denied tenant's motion to vacate a default final judgment awarding landlord possession and the sum of $8,870.15 in a nonpayment summary proceeding.
ORDERED that the order is affirmed, without costs.
The Civil Court did not improvidently exercise its discretion in denying tenant's motion to vacate the second default final judgment entered in this nonpayment proceeding, as tenant had failed to show an adequate excuse for his failure to appear for trial (Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 ). Accordingly, the order is affirmed.
Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: November 30, 2011
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