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Ursula Realty Corp. v. Kirnon

Appellate Term of the Supreme Court of New York, First Department
Aug 8, 2008
2008 N.Y. Slip Op. 51692 (N.Y. App. Term 2008)

Opinion

570388/06.

Decided August 8, 2008.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), dated June 20, 2007, which denied her motion to vacate a default judgment issued against her in a holdover summary proceeding.

Order (Joseph E. Capella, J.), entered June 20, 2007, affirmed, without costs.

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ.


Vacatur of the default judgment entered against the tenant was properly denied since tenant failed to demonstrate a reasonable excuse for her failure to appear on the adjourned trial date. Tenant's proffered excuse, i.e., that illness prevented her from doing so, is unsupported by any medical documentation ( see Guerre v Trustees of Columbia Univ., 300 AD2d 29). Nor did tenant attempt to address the nuisance allegations underlying the holdover petition, much less establish that she possessed a meritorious defense.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Ursula Realty Corp. v. Kirnon

Appellate Term of the Supreme Court of New York, First Department
Aug 8, 2008
2008 N.Y. Slip Op. 51692 (N.Y. App. Term 2008)
Case details for

Ursula Realty Corp. v. Kirnon

Case Details

Full title:URSULA REALTY CORP., Petitioner-Landlord-Respondent, Dr. v. KATHLEEN…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Aug 8, 2008

Citations

2008 N.Y. Slip Op. 51692 (N.Y. App. Term 2008)