Nycha-Harlem Riv. Houses v. Springs

Full title: NYCHA-HARLEM RIVER HOUSES, Petitioner-Landlord-Respondent, v. AVA SPRINGS…

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

Date published: Feb 16, 2005

2005 N.Y. Slip Op. 50163 (N.Y. App. Term 2005)

Opinion

570148/04.

Decided February 16, 2005.

Tenant appeals from two orders of the Civil Court, New York County dated January 16, 2004 (Jerald R. Klein, J.) and February 10, 2004 (Ernest J. Cavallo, J.), respectively, which, inter alia, denied her motion to vacate a consent judgment entered in a nonpayment summary proceeding.

Orders entered January 16, 2004 (Jerald R. Klein, J.) and February 10, 2004 (Ernest J. Cavallo, J.) affirmed, without costs.

PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.

PER CURIAM:

The orders under review, declining to vacate the judgment entered pursuant to the parties' so-ordered stipulation while affording tenant additional time to cure her inadequately explained defaults in complying with the stipulation's clear and unambiguous payment provisions, represent an appropriate exercise of discretion. In the absence of good cause (RPAPL 749), the judgment and warrant should not be overturned ( see New York City Hous. Auth. v. Torres, 61 AD2d 681).

This constitutes the decision and order of the court.