Department of Housing Preservation & Development v. West 129th Street Realty Corp.

Appellate Terms of the Supreme Court of New York

Department of Housing Preservation & Development v. West 129th Street Realty Corp.

9 Misc. 3d 61

CourtAppellate Terms of the Supreme Court of New York

DecidedAugust 5, 2005

StatusPublished

Cited by4 cases

This text of 9 Misc. 3d 61 (Department of Housing Preservation & Development v. West 129th Street Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Department of Housing Preservation & Development v. West 129th Street Realty Corp., 9 Misc. 3d 61 (N.Y. Ct. App. 2005).

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OPINION OF THE COURT

Per Curiam.

Order dated April 2, 2004 reversed, with $10 costs, motion denied and default judgment reinstated.

For reasons stated in Department of Hous. Preserv. & Dev. of City of N.Y. v 532-536 W. 143rd St. Realty Corp. (8 Misc 3d 136[A], 2005 NY Slip Op 51246DJ] [2005]), we find no basis to vacate the April 2000 default judgment issued against respondent Green in this Housing Part enforcement proceeding. We additionally note that any irregularity as may have existed in the affidavit of nonmilitary service accompanying petitioner’s application for a default judgment (see Soldiers’ and Sailors’ Civil Relief Act of 1940 [50 USC Appendix § 501 et seq.J) did not rise to the level of a jurisdictional defect or provide a legal basis to vacate the default judgment otherwise properly issued, at least in these circumstances where the defaulting party “has made no pretense of being on active military duty or being a military dependent at the time of his default.” (Citibank v Mc-Garvey, 196 Misc 2d 292, 301 [2003].)

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OPINION OF THE COURT

Per Curiam.

Order dated April 2, 2004 reversed, with $10 costs, motion denied and default judgment reinstated.

For reasons stated in Department of Hous. Preserv. & Dev. of City of N.Y. v 532-536 W. 143rd St. Realty Corp. (8 Misc 3d 136[A], 2005 NY Slip Op 51246DJ] [2005]), we find no basis to vacate the April 2000 default judgment issued against respondent Green in this Housing Part enforcement proceeding. We additionally note that any irregularity as may have existed in the affidavit of nonmilitary service accompanying petitioner’s application for a default judgment (see Soldiers’ and Sailors’ Civil Relief Act of 1940 [50 USC Appendix § 501 et seq.J) did not rise to the level of a jurisdictional defect or provide a legal basis to vacate the default judgment otherwise properly issued, at least in these circumstances where the defaulting party “has made no pretense of being on active military duty or being a military dependent at the time of his default.” (Citibank v Mc-Garvey, 196 Misc 2d 292, 301 [2003].)

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