ADM MANAGEMENT CORP v. MATHEWS (2019)

Orders (Arlene H. Hahn, J.), dated, respectively, August 28, 2018, and December 7, 2018, affirmed, without costs.

Civil Court providently exercised its discretion in denying tenant's motion to vacate the default final judgment. Even assuming that tenant had a reasonable excuse for her failure to appear on the rescheduled trial date, she failed to demonstrate a potentially meritorious defense to the nuisance holdover petition (see Davidson v. Valentin, 65 AD3d 1075 [2009]; Ursula Realty Corp. v. Kirnon, 20 Misc. 3d 142[A], 2008 N.Y. Slip Op. 51692[U] [App. Term, 1st Dept. 2008]; Caiola v. Bien, NYLJ, November 24, 1999 at 30, col. 3 [App. Term, 1st Dept. 1999] ). Tenant's affidavit of merit, which contained only conclusory assertions and denials that she “[has] never been a nuisance tenant” and that such accusations were “false,” was insufficient to establish a possible meritorious defense.

Nor is a basis for vacatur relief found in the discrimination complaint filed by tenant with the State Division of Human Rights against the landlord (see generally Lily E. 81st LLC v. Kristopher, 37 Misc. 3d 134[A], 2012 N.Y. Slip Op. 52088[U] [App. Term, 1st Dept. 2012]) which, in any event, was dismissed on the merits after an evidentiary hearing.

We note that tenant has been evicted from the premises on January 22, 2019.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.