Opinion
No. 2012–2050WC.
2014-01-29
PARKVIEW EQUITIES, LLC, Respondent, v. Elizabeth COUGHLIN, Appellant.
In this nonpayment proceeding, the City Court erred in denying, based on tenant's failure to make a second court-ordered deposit of rent arrears, tenant's motion to vacate a default final judgment ( Zabolotny v. Andersen, 19 Misc.3d 128[A], 2008 N.Y. Slip Op 50517[U] [App Term, 9th & 10th Jud Dists 2008]; see also Stepping Stones Assoc. v. Seymour, 184 Misc.2d 990 [App Term, 9th & 10th Jud Dists 2000]; cf.RPAPL 745[2][c][ii]; 49 Terrace Corp. v. Richardson, 40 Misc.3d 135[A], 2013 N.Y. Slip Op 51306[U] [App Term, 1st Dept 2013] ). Inasmuch as tenant showed an excuse for her default and a potentially meritorious defense of, among others, breach of the warranty of habitability, the order is reversed and tenant's motion is granted.