Opinion
570187/04.
Decided March 2, 2006.
Tenant appeals from an order of the Civil Court, New York County (Maria Milin, J.), dated January 6, 2004, which granted landlord's motion for summary judgment on the holdover petition and denied tenant's cross motion to vacate a preclusion order.
Order (Maria Milin, J.), dated January 6, 2004, affirmed, with $10 costs.
PRESENT: McCooe, J.P., Davis, Schoenfeld, JJ.
Petitioner, the net lessee and managing agent of building premises operated under the Tenant Interim Lease Program, commenced this holdover proceeding upon the ground that tenant Knight unlawfully sublet or assigned the subject Manhattan apartment. Petitioner was properly awarded summary judgment on the holdover petition, based upon its unrefuted showing that tenant, after being denied permission to sublet the apartment, removed his belongings from the premises and took up residence at a specified address in Queens, and that an unrelated individual (Thomas) thereafter moved into the subject apartment (see 170 W. 85th St. Tenants Assn. v. Cruz, 173 AD2d 338).
Tenant's belated motion to vacate the preclusion order, previously entered on default, was properly denied since tenant failed to demonstrate a meritorious defense to petitioner's possessory claim or a reasonable excuse for his default ( see Ciao Europa, Inc. v. Silver Autumn Hotel Corp. Ltd., 270 AD2d 2). Moreover, tenant failed to proffer any reason for his failure to comply with the court-ordered discovery.
This constitutes the decision and order of this court.
I concur.