Opinion
15252 Index No. 100633/12 Case No. 2021-03491
02-08-2022
P.F.J. LTD., Plaintiff, v. Uriel MARRACHE, Defendant–Appellant. DB Mortgage LLC, Assignee-Respondent.
Hegge & Confusione, LLC, New York (Michael Confusione of counsel), for appellant. White and Williams LLP, New York (Thomas E. Butler of counsel), for respondent.
Hegge & Confusione, LLC, New York (Michael Confusione of counsel), for appellant.
White and Williams LLP, New York (Thomas E. Butler of counsel), for respondent.
Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.
Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered December 29, 2020, which denied defendant's motions to vacate a default judgment, unanimously affirmed, without costs.
Supreme Court providently exercised its discretion in concluding that more than eight years was an unreasonable amount of time for defendant to wait before moving to vacate the default judgment against him. Moreover, the court correctly concluded that the guaranty upon which defendant was sued did not limit his liability to $10,000 but provided that his liability for the tenant's rent obligations was limited to the period when the tenant remained in possession and, if the requisite notice of surrender was provided, to $10,000 upon surrender of the premises.