903 Realty, LLC v Michael

State: New York

Court: New York Northern District Court

Docket No: 2011 NY Slip Op 52196(U)

Case Date: 11/30/2011

Plaintiff: 903 Realty, LLC

Defendant: Michael

Preview:903 Realty, LLC v Michael (2011 NY Slip Op 52196(U))
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Decided on November 30, 2011
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ 2010-1019 K C.
903 Realty, LLC, Respondent,
against

Kareem Michael, Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (Anthony J. Fiorella, Jr., J.), dated April 20, 2010. The order denied tenant's motion to vacate a default final judgment awarding landlord possession and the sum of $8,870.15 in a nonpayment summary proceeding.
ORDERED that the order is affirmed, without costs.
The Civil Court did not improvidently exercise its discretion in denying tenant's motion to vacate the second default final judgment entered in this nonpayment proceeding, as tenant had failed to show an adequate excuse for his failure to appear for trial (Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is affirmed.
file:///C|/Users/Peter/Desktop/NY/1/2011_52196.htm[4/21/2013 12:33:22 PM]
903 Realty, LLC v Michael (2011 NY Slip Op 52196(U))
Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: November 30, 2011
file:///C|/Users/Peter/Desktop/NY/1/2011_52196.htm[4/21/2013 12:33:22 PM]

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