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Isaacs v. 455 West 34

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 82 (N.Y. App. Div. 2000)

Opinion

December 14, 2000.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about August 11, 1999, which denied defendant's motion to vacate a prior order granting a preliminary injunction on default, and order, same court and Justice, entered on or about August 12, 1999, which, to the extent appealable, denied defendant's cross motion to vacate the default upon which the court premised its grant of judgment to plaintiff, unanimously affirmed, without costs.

Nancy J. Silver, for plaintiff-respondent.

Stuart I. Jacobs, for defendant-appellant.

Before: Sullivan, P.J., Rosenberger, Williams, Ellerin, Andrias, JJ.


Defendant's motions for vacatur were properly denied since defendant failed to show that it possessed a meritorious defense. Defendant never offered the affidavit of a knowledgeable fact witness to substantiate its bare and evidently meritless claim that plaintiff tenant had violated the terms of his lease (see,Adefioye v. Volunteers of Am., 222 A.D.2d 246, 247). We have considered defendant's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Isaacs v. 455 West 34

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 82 (N.Y. App. Div. 2000)
Case details for

Isaacs v. 455 West 34

Case Details

Full title:PAUL ISAACS, PLAINTIFF-RESPONDENT, v. 455 WEST 34, DEFENDANT-APPELLANT

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 14, 2000

Citations

278 A.D.2d 82 (N.Y. App. Div. 2000)
717 N.Y.S.2d 531

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