RODRIGUEZ v. HERNANDEZ (2020)

Supreme Court, Appellate Term, New York.

Francisca RODRIGUEZ, Appellant, v. Luis F. HERNANDEZ, Respondent.

2017-1702 K C

Decided: December 11, 2020

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ

Francisca Rodriguez, appellant pro se. Luis F. Hernandez, respondent pro se (no brief filed).

ORDERED that the order is affirmed, without costs.

In this small claims action, plaintiff seeks to recover a $3,000 security deposit. After defendant failed to appear, an inquest was held (Robin S. Garson, J.), following which judgment was entered dismissing the action, in effect as premature, on the ground that plaintiff had commenced it before she moved out and, therefore, before the security deposit was due to be returned. Plaintiff moved to vacate the judgment, alleging that she "didn't like the way [her] case was dismissed in [defendant's] favor." Plaintiff appeals from an order of the Civil Court (Robin S. Garson, J.) dated July 31, 2017 denying plaintiff's motion.

As plaintiff failed to allege any grounds upon which relief from the judgment could have been granted (see CPLR 5015 [a]), the order was properly denied.

Accordingly, the order is affirmed.

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

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