Opinion
570257/03.
Decided November 18, 2003.
Tenants appeal from an order of the Civil Court, New York County, dated February 26, 2003 (Kevin C. McClanahan, J.) granting landlord's motion to vacate the dismissal of the nonpayment proceeding and to vacate a default judgment in favor of tenants for attorneys' fees in the sum of $17,775.
Order dated February 26, 2003 (Kevin C. McClanahan, J.) modified so as to provide that the grant of landlord's vacatur motion shall be on condition that within 30 days of service of a copy of this order with notice of entry, landlord's attorneys pay tenants $500 costs; as modified, order affirmed, without costs.
PRESENT: HON. LUCINDO SUAREZ, P.J. HON. WILLIAM P. McCOOE HON. PHYLLIS GANGEL-JACOB, Justices.
The motion court appropriately granted vacatur relief to landlord inasmuch as the appearance defaults by landlord's counsel were not shown to be willful (see, Martinez v. New York City Transit Authority, 183 AD2d 587). A facially meritorious rent claim in excess of $7,600 at the inception of the underlying proceeding has been set forth. We have conditioned vacatur of the default upon the payment of costs to compensate the tenants for the delay and inconvenience sustained.
This constitutes the decision and order of the court.