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Graham v. Moore

Appellate Term of the Supreme Court of New York, Second Department
Dec 12, 2005
2005 N.Y. Slip Op. 52087 (N.Y. App. Term 2005)

Opinion

2005-34 Q C.

Decided December 12, 2005.

Appeal from an order of the Civil Court of the City of New York, Queens County (Gilbert Badillo, J.), dated October 20, 2004. The order denied tenant's motion to be restored to possession.

Order unanimously affirmed without costs.

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


The allegations contained in tenant's papers in support of her motion to be restored to possession fail to establish that she was wrongfully evicted. We note that the failure to properly serve or execute the 72-hour notice does not affect the validity of the underlying default final judgment, which tenant never moved to vacate, and affords no basis for granting a motion to restore ( see 601 Realty Co. v. Osman, NYLJ, Apr. 6, 1989 [App Term, 2d 11th Jud Dists]; Sirak Co. v. Santiago, NYLJ, Apr. 7, 1987 [App Term, 2d 11th Jud Dists]; Presidential Management Co. v. Farley, 78 Misc 2d 610, 612 [App Term, 2d 11th Jud Dists 1974]).


Summaries of

Graham v. Moore

Appellate Term of the Supreme Court of New York, Second Department
Dec 12, 2005
2005 N.Y. Slip Op. 52087 (N.Y. App. Term 2005)
Case details for

Graham v. Moore

Case Details

Full title:CLINTON GRAHAM, Respondent, v. KAREN MOORE, Appellant

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

Date published: Dec 12, 2005

Citations

2005 N.Y. Slip Op. 52087 (N.Y. App. Term 2005)
814 N.Y.S.2d 561