Opinion
No. 570514/12.
2012-11-9
LILY EAST 81ST LLC, Petitioner–Landlord–Respondent, v. Heatheran KRISTOPHER, Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), dated March 13, 2012, which denied her motion to vacate a default final judgment issued against her in a holdover summary proceeding.
Present: LOWE, III, P.J., SCHOENFELD, TORRES, JJ.
PER CURIAM.
Order (David J. Kaplan, J.), dated March 13, 2012, affirmed, without costs.
We find no abuse of discretion in the denial of tenant's motion to vacate the default final judgment issued against her in this holdover summary proceeding. While the medical reasons offered by tenant for her nonappearance at the consecutive adjourned dates may have sufficed to constitute a reasonable excuse for her defaults, tenant failed to demonstrate a meritorious defense to landlord's eviction claim. Tenant's allegation that there was a “signed lease” that petitioner-landlord's predecessor “agreed to,” is belied by the record, which does not reflect the existence of an enforceable renewal lease extending tenant's occupancy rights in connection with the unregulated apartment premises ( see 219 Broadway Corp. v. Alexanders, Inc., 46 N.Y.2d 506, 511–512 [1979];Alsaedi v. Ninth Ave. Realty, Inc., 2 AD3d 233 [2003] ). Nor is a basis for vacatur relief found in the pendency of the discrimination complaint contemporaneously filed by tenant with the State Division of Human Rights ( see generally 3720 Homes, Inc. v. Hyman, 30 Misc.3d 79, 82).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.