Opinion
7221N.
December 1, 2005.
Order, Supreme Court, New York County (Richard F. Braun, J.), entered June 15, 2004, which, in an action pursuant to Real Property Law § 223-b to recover damages for a retaliatory eviction proceeding, denied plaintiff's motion to vacate a judgment dismissing the action upon his failure to appear at a conference, and for leave to serve an amended complaint adding a cause of action for malicious prosecution and claims for punitive damages and attorneys' fees, unanimously affirmed, without costs.
Before: Buckley, P.J., Tom, Saxe, Gonzalez and Malone, JJ., concur.
The cause of action for retaliatory eviction and the proposed cause of action for malicious prosecution are barred by the applicable one-year statute of limitations (CPLR 215, [7]).
Accordingly, plaintiff fails to show a meritorious cause of action warranting vacatur of the default judgment.