Founders v. Williams

Appellate Terms of the Supreme Court of New York

Founders v. Williams

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 3, 2016

Docket2016 NYSlipOp 50685(U)

StatusPublished

This text of Founders v. Williams (Founders v. Williams) 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.

Bluebook

Founders v. Williams, (N.Y. Ct. App. 2016).

Pincite

Opinion

Hope Founders, Petitioner-Landlord-Respondent,

against

Gweneth Williams, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), dated February 5, 2015, which denied her motion to vacate a default final judgment of possession in a nonpayment summary proceeding.

Per Curiam.

Order (Phyllis K. Saxe, J.), dated February 5, 2015, affirmed, without costs.

We find no abuse of discretion in the denial of tenant's motion to vacate the default possessory judgment issued against her in this nonpayment summary proceeding. Even assuming that tenant set forth a reasonable excuse for her failure to appear on the stipulated (October 14, 2014) adjournment date, she failed to show any meritorious defense to her failure to pay her portion of the rent arrears over an extended period. Moreover, in the absence of good cause, the judgment and warrant should not be vacated (see New York City Hous. Auth. v Torres, 61 AD2d 681 [1978]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concur I concur
Decision Date: May 03, 2016

Free access — add to your briefcase to read the full text and ask questions with AI

Hope Founders, Petitioner-Landlord-Respondent,

against

Gweneth Williams, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), dated February 5, 2015, which denied her motion to vacate a default final judgment of possession in a nonpayment summary proceeding.

Per Curiam.

Order (Phyllis K. Saxe, J.), dated February 5, 2015, affirmed, without costs.

We find no abuse of discretion in the denial of tenant's motion to vacate the default possessory judgment issued against her in this nonpayment summary proceeding. Even assuming that tenant set forth a reasonable excuse for her failure to appear on the stipulated (October 14, 2014) adjournment date, she failed to show any meritorious defense to her failure to pay her portion of the rent arrears over an extended period. Moreover, in the absence of good cause, the judgment and warrant should not be vacated (see New York City Hous. Auth. v Torres, 61 AD2d 681 [1978]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concur I concur
Decision Date: May 03, 2016

Cite This Page — Counsel Stack

Bluebook (online)

Founders v. Williams, Counsel Stack Legal Research, https://law.counselstack.com/opinion/founders-v-williams-nyappterm-2016.

Opinion

Related

Cite This Page — Counsel Stack