Opinion
570746/07.
Decided October 8, 2008.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), dated July 25, 2007, which conditionally granted tenant's motion to vacate a default final judgment in a nonpayment summary proceeding.
Order (Peter M. Wendt, J.), dated July 25, 2007, reversed, with $10 costs, motion denied and default final judgment reinstated. Execution of the warrant shall be stayed for 30 days from the service of a copy of this order, with notice of entry.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
In the absence of any excuse whatsoever for tenant's calendar default or a proper showing of a meritorious defense to landlord's rent claim, tenant's motion to vacate the default judgment should have been denied. Nor was a further stay of execution of the warrant of eviction appropriate in view of tenant's extensive and unexplained rent defaults, both prior to and during the pendency of this "summary" proceeding.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.