Elizabeth Wong, Plaintiff-Respondent, v. 237 LLC (2023)

Supreme Court, Appellate Term, New York,

Elizabeth Wong, Plaintiff-Respondent, v. 237 Realty LLC, Defendant-Appellant.

571096 /23

Decided: December 21, 2023

PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.

Per Curiam.

Order (Aija Tingling, J.), dated December 1, 2022, affirmed, without costs.

Civil Court providently exercised its discretion in denying defendant's motion to vacate the default judgment. The failures to appear at the August 4, 2022 "final" trial date and the September 29, 2022 inquest were only the latest in a series of defaults and nonappearances over the course of the litigation that should not be excused (see Kasumu v City of New York, 78 AD3d 560 [2010]). In an effort to accommodate defendant's counsel, the court previously adjourned the matter on multiple occasions, only for counsel to respond that he would again be unavailable for another several months. Defendant also failed to set forth a meritorious defense to this action for a refund of a security deposit. Defendant's vague and unsubstantiated assertions concerning unpaid rent and damage to the apartment were insufficient.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: December 21, 2023

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