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Dept. of Hous. Pres. Dev. v. Barrett

Appellate Term of the Supreme Court of New York, First Department
Jul 21, 2008
2008 N.Y. Slip Op. 51513 (N.Y. App. Term 2008)

Opinion

570073/07.

Decided July 21, 2008.

Respondent Barrett appeals from an order of the Civil Court of the City of New York, New York County (Gilbert Badillo, J.), dated January 16, 2007, which denied her motion to vacate a default judgment issued in a Housing Part enforcement proceeding.

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.


Order (Gilbert Badillo, J.), dated January 16, 2007, affirmed, with $10 costs.

Civil Court properly denied respondent-landlord's motion to vacate the default judgment entered against her in this summary enforcement proceeding brought by the petitioning agency (DHPD) to compel a cure of housing code violations. Having affirmatively provided petitioner with statutorily required contact addresses ( see Administrative Code of the City of NY § 27-2098[a][3]) and having taken no steps to amend the registration information, respondent may not now be heard to argue that service at the registered address was improper ( see Department of Hous. Preservation and Dev. of the City of N.Y. v 532-536 West 143rd Street Realty Corp. , 8 Misc 3d 136[A], 2005 NY Slip Op 52146[U] [2005]). Nor did respondent's conclusory allegations set forth a meritorious defense to petitioner's heating violation claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Dept. of Hous. Pres. Dev. v. Barrett

Appellate Term of the Supreme Court of New York, First Department
Jul 21, 2008
2008 N.Y. Slip Op. 51513 (N.Y. App. Term 2008)
Case details for

Dept. of Hous. Pres. Dev. v. Barrett

Case Details

Full title:DEPARTMENT OF HOUSING PRESERVATION and DEVELOPMENT OF THE CITY OF NEW…

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

Date published: Jul 21, 2008

Citations

2008 N.Y. Slip Op. 51513 (N.Y. App. Term 2008)