Opinion
Motion No: 2011-01365 WC
08-30-2011
West Yonkers Affordable Housing, Respondent, v. Dexter Rosemin, Appellant.
, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a final judgment of the City Court of Yonkers, Westchester County, entered May 3, 2011, for, in effect, summary reversal and related relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the final judgment is summarily reversed, without costs, and the matter remitted to the City Court of Yonkers for all further proceedings.
Under the circumstances presented, the City Court "erred in denying tenant a trial and in entering judgment against him based upon his default in making a court-ordered deposit (RPAPL 745 [1]; Lipkis v Gilmour, 158 Misc 2d 609; Eversman v Collodo, 88 Misc 2d 86)" (Stepping Stones Assoc. v Seymour, 184 Misc 2d 990 [App Term, 9th & 10th Jud Dists 2000]; see Rizzuto v Novack, 2002 NY Slip Op 50701[U] [App Term, 9th & 10th Jud Dists 2002]; Jordan v Matt-Simmons, 2001 NY Slip Op 40562[U] [App Term, 9th & 10th Jud Dists 2001]).
Nicolai, P.J., LaCava and Iannacci, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk