Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), dated March 29, 2010.
Neck Rd. One Realty, LLC v Artdent, Inc.
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This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: PESCE, P.J., WESTON and RIOS, JJ
The order, insofar as appealed from, denied the branches of tenant's motion seeking to vacate a default final judgment and warrant, and to restore tenant to possession.
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this commercial nonpayment summary proceeding, a default final judgment awarding landlord possession and the sum of $67,546.17 was entered on August 25, 2009. The warrant of eviction issued on September 4, 2009 and was executed on February 8, 2010. Thereafter, the Civil Court denied the branches of a motion by tenant seeking to vacate the final judgment and warrant of eviction, and to restore tenant to possession.
Upon a review of the record, we find no sufficient basis to vacate the default final judgment and warrant, as tenant failed to show that it has a meritorious defense (see CPLR 5015 [a] ; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 ). Moreover, while the Civil Court is authorized, in appropriate circumstances, to restore a tenant to possession after an eviction (see CCA 212; CPLR 5015 [d]; Matter of Brusco v Braun, 84 NY2d 674, 682 ; 467 42nd St. v Decker, 186 Misc 2d 439, 440 [App Term, 2d & 11th Jud Dists 2000]), we find that such circumstances do not exist here.
Accordingly, the order, insofar as appealed from, is affirmed.
Pesce, P.J., Weston and Rios, JJ., concur. Decision