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6141 Broadway Assoc., LLC v. Giveand

Appellate Term of the Supreme Court of New York, First Department
May 11, 2006
2006 N.Y. Slip Op. 50840 (N.Y. App. Term 2006)

Opinion

570210/04.

Decided May 11, 2006.

Tenant appeals from a judgment of the Civil Court, Bronx County (Paul Alpert, J.), entered February 23, 2004, which, on default, awarded landlord attorneys' fees in the amount of $942.50. Tenant further appeals from an order (same court and Judge), dated March 11, 2004, which denied her motion to vacate the aforesaid judgment.

Order (Paul Alpert, J.), dated March 11, 2004, affirmed, with $10 costs. Appeal from judgment (same Judge), entered February 24, 2004, dismissed, without costs, as taken from a nonappealable paper.

PRESENT: DAVIS, J.P., GANGEL-JACOB, J.


Civil Court did not abuse its discretion in denying tenant's motion to vacate the default judgment since tenant failed to demonstrate a meritorious defense to landlord's claim for attorneys' fees incurred in connection with the successful prosecution of the underlying nonpayment proceeding.

This constitutes the decision and order of the court.


Summaries of

6141 Broadway Assoc., LLC v. Giveand

Appellate Term of the Supreme Court of New York, First Department
May 11, 2006
2006 N.Y. Slip Op. 50840 (N.Y. App. Term 2006)
Case details for

6141 Broadway Assoc., LLC v. Giveand

Case Details

Full title:6141 BROADWAY ASSOCIATES, LLC., Petitioner-Landlord-Respondent, v. ELEANOR…

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

Date published: May 11, 2006

Citations

2006 N.Y. Slip Op. 50840 (N.Y. App. Term 2006)