1449 FULTON LLC v. BRITTON (2021)

Supreme Court, Appellate Term, New York,

1449 FULTON, LLC, Respondent, v. Tiara BRITTON and Juan Rivera, Appellants.

2019-1619 K C

Decided: May 07, 2021

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ

Tiara Britton and Juan Rivera, appellants pro se. Todd Rothenberg, for respondent (no brief filed).

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this nonpayment proceeding, tenants failed to appear on an adjourned trial date, and a default final judgment was entered on July 1, 2019 awarding landlord possession and arrears. Tenants appeal from so much of an order of the Civil Court dated October 21, 2019 as, in effect, denied their motion to vacate the default final judgment and restore the proceeding to the calendar.

As tenants failed to demonstrate a reasonable excuse for their default in appearing at trial (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]), their motion to vacate the default final judgment was properly denied.

We note that we do not consider factual assertions and evidence which are dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).

Accordingly, the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., WESTON and ELLIOT, JJ., concur.

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