29 JOHN ST., LLC v. HVA CORP.

Full title: 29 JOHN STREET, LLC, Petitioner-Landlord-Respondent, v. HVA CORP.…

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

Date published: Mar 24, 2008

2008 N.Y. Slip Op. 50582 (N.Y. App. Term 2008)

859 N.Y.S.2d 907

Opinion

570847/07.

Decided March 24, 2008.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Jose A. Padilla, Jr., J.), dated April 23, 2007, which denied its motion to vacate a default judgment and warrant of eviction in a commercial nonpayment summary proceeding.

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.

PER CURIAM.

Order (Jose A. Padilla, Jr., J.), dated April 23, 2007, affirmed, with $10 costs.

In the absence of a reasonable excuse for tenant's failure to appear or a showing of a meritorious defense to landlord's claim for rent, the denial of tenant's motion to vacate the default judgment was a provident exercise of discretion.

THIS CONSTITUTES THAT DECISION AND ORDER OF THE COURT.