Chauncey Sumpter L.P. v. Brown

Full title: CHAUNCEY SUMPTER L.P., Respondent, v. CALVIN BROWN, Appellant, and "JOHN…

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

Date published: Mar 27, 2006

2006 N.Y. Slip Op. 50487 (N.Y. App. Term 2006)

816 N.Y.S.2d 694

Opinion

2005-914 K C.

Decided March 27, 2006.

Appeal from an order of the Civil Court of the City of New York, Kings County (Marcia Sikowitz, J.), entered May 16, 2005. The order denied tenant's motion to vacate a final judgment of possession entered on default.

Order affirmed without costs.

PRESENT: GOLIA, J.P., RIOS and BELEN, JJ

Tenant's moving papers in support of the motion to vacate the default final judgment are insufficient to establish a lack of jurisdiction over his person. They likewise fail to establish a meritorious defense to the proceeding ( see CPLR 5015 [a] [1]; see also Weinstein-Korn-Miller, NY Civ Prac ¶ 5015.04). Accordingly, the order denying tenant's motion is affirmed.

Golia, J.P., Rios and Belen, JJ., concur.