Opinion
No. 570162/22
02-21-2024
332-4 West 47th Street Associates L.P., Petitioner-Landlord-Respondent, v. Jeannie Buxo and Oxana Nabokova, Respondents-Tenants-Appellants.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Perez, JJ.
PER CURIAM.
Tenants appeal from (1) a final judgment of the Civil Court of the City of New York, New York County (Clifton A. Nembhard, J.), dated November 30, 2020, awarding landlord possession and a recovery of rent arrears in the sum of $55,000, and (2) an order of the same court (Travis J. Arrindell, J.), dated May 17, 2023, denying their motion to vacate all actions in the proceeding subsequent to November 30, 2020, in a holdover summary proceeding.
Order (Travis J. Arrindell, J.), dated May 17, 2023, affirmed, with $10 costs. Appeal from final judgment (Clifton A. Nembhard, J.), dated November 30, 2020, dismissed, without costs.
Tenants' motion, pursuant to CPLR 321(c), to vacate all actions in this proceeding subsequent to November 30, 2020, on the ground that their prior counsel was "mentally incapacitated" was properly denied. The claimed disability of prior tenants' counsel "is unsupported by any medical proof and, in the absence of the requisite proof of the disability, we find that CPLR 321(c) is not applicable" (Matter of Plaro Estates, Inc. v Assessor, 101 A.D.3d 886, 888 [2012]; see Winney v County of Saratoga, 252 A.D.2d 882, 883 [1988]).
Tenants' appeal from the final judgment is barred by the prior order of this Court dismissing that appeal as untimely (332-4 W.47th St. Assoc., LP v Buxo, Jeannie & Nabokova, Oxana, 2022 NY Slip Op 66396[U][App Term, 1st Dept 2022]; see Katz Park Ave. Corp. v Jagger, 98 A.D.3d 921 [2012]).
I concur