903 Realty, LLCv.Michael

Appellate Term of the Supreme Court of New York, Second DepartmentNov 30, 2011
2010-1019 K C (N.Y. Misc. 2011)
2010-1019 K C2011 N.Y. Slip Op. 52196

2010-1019 K C.

Decided November 30, 2011.

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.

PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.


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). Accordingly, the order is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.