Opinion
No. 570228/12.
2013-05-16
55 WALL ASSOCIATES, LLC, Petitioner–Landlord v. William COSMO, Respondent–Tenant–Appellant, and John and Jane Doe, Respondents–Undertenants.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (John H. Stanley, J.), dated July 20, 2012, which denied his motion to vacate his default in appearing at a traverse hearing.
PRESENT: LOWE, III, P.J., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Order (John H. Stanley, J.), dated July 20, 2012, affirmed, with $10 costs.
The motion court providently exercised its discretion in finding that tenant's excuse for his failure to timely appear at the January 5, 2012 traverse hearing was both implausible and unreasonable ( see Whittemore v. Yeo, 99 AD3d 496 [2012], and properly denied tenant's belated application to vacate the default. In treating the merits of the appeal, we assume, without deciding, that tenant's right to appeal directly from the July 20, 2012 order denying vacatur relief survived the dismissal of his appeal from the January 27, 2012 possessory judgment issued in landlord's favor ( see and compare Paul Revere Life Ins. Co. v. Campagna, 233 A.D.2d 954, 954–955 [1996] ).