Opinion
570756/11
01-25-2012
342 E. 67 Realty, L.L.C., Petitioner-Landlord-Appellant, v. Bernard Jacobs, Respondent-Tenant-Respondent.
PRESENT: , III, P.J., Schoenfeld, Hunter, Jr., JJ
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Anne E. O'Shea, J.), entered March 30, 2011, which granted tenant's motion to vacate a default final judgment in a nonpayment summary proceeding.
Per Curiam.
Order (Ann E. O'Shea, J.), entered March 30, 2011, reversed, with $10 costs, motion denied and default final judgment reinstated. Execution of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order, with notice of entry.
In the absence of any excuse whatsoever for tenant's apparent calendar default or a proper showing of a meritorious defense to landlord's underlying rent claim, tenant's motion to vacate the default judgment should have been denied. Tenant's bald assertion that he "never lived" at the subject premises, even if true, did not constitute a meritorious defense or provide a proper basis to set aside the so-ordered stipulations settling the underlying nonpayment "summary" proceeding.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.