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Rodriguez v. Hernandez

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Dec 11, 2020
70 Misc. 3d 127 (N.Y. App. Term 2020)

Opinion

2017-1702 K C

12-11-2020

Francisca RODRIGUEZ, Appellant, v. Luis F. HERNANDEZ, Respondent.

Francisca Rodriguez, appellant pro se. Luis F. Hernandez, respondent pro se (no brief filed).


Francisca Rodriguez, appellant pro se.

Luis F. Hernandez, respondent pro se (no brief filed).

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ

ORDERED that the order is affirmed, without costs.

In this small claims action, plaintiff seeks to recover a $3,000 security deposit. After defendant failed to appear, an inquest was held (Robin S. Garson, J.), following which judgment was entered dismissing the action, in effect as premature, on the ground that plaintiff had commenced it before she moved out and, therefore, before the security deposit was due to be returned. Plaintiff moved to vacate the judgment, alleging that she "didn't like the way [her] case was dismissed in [defendant's] favor." Plaintiff appeals from an order of the Civil Court (Robin S. Garson, J.) dated July 31, 2017 denying plaintiff's motion.

As plaintiff failed to allege any grounds upon which relief from the judgment could have been granted (see CPLR 5015 [a] ), the order was properly denied.

Accordingly, the order is affirmed.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.


Summaries of

Rodriguez v. Hernandez

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Dec 11, 2020
70 Misc. 3d 127 (N.Y. App. Term 2020)
Case details for

Rodriguez v. Hernandez

Case Details

Full title:Francisca Rodriguez, Appellant, v. Luis F. Hernandez, Respondent.

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Dec 11, 2020

Citations

70 Misc. 3d 127 (N.Y. App. Term 2020)
2020 N.Y. Slip Op. 51500
134 N.Y.S.3d 615