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Parkview Equities, LLC v. Coughlin

Supreme Court of New York, Second Department

January 29, 2014

Parkview Equities, LLC, Respondent,
v.
Elizabeth Coughlin, Appellant.

PRESENT:: NICOLAI, P.J., LaSALLE and MARANO, JJ

Appeal from an order of the City Court of Yonkers, Westchester County (Robert C. Cerrato, J.), entered August 20, 2012. The order denied tenant's motion to vacate a default final judgment in a nonpayment summary proceeding.

ORDERED that the order is reversed, without costs, and tenant's motion to vacate the default final judgment is granted.

In this nonpayment proceeding, the City Court erred in denying, based on tenant's failure to make a second court-ordered deposit of rent arrears, tenant's motion to vacate a default final judgment (Zabolotny v Andersen, 19 Misc.3d 128 [A], 2008 NY Slip Op 50517[U] [App Term, 9th & 10th Jud Dists 2008]; see also Stepping Stones Assoc. v Seymour, 184 Misc.2d 990 [App Term, 9th & 10th Jud Dists 2000]; cf. RPAPL 745 [2] [c] [ii]; 49 Terrace Corp. v Richardson, 40 Misc.3d 135[A], 2013 NY Slip Op 51306[U] [App Term, 1st Dept 2013]). Inasmuch as tenant showed an excuse for her default and a potentially meritorious defense of, among others, breach of the warranty of habitability, the order is reversed and tenant's motion is granted.

Nicolai, P.J., LaSalle and Marano, JJ., concur.


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