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WOODLAUREL, INC. v. WITTMAN

163 A.D.2d 383 (1990)

Woodlaurel, Inc., Respondent, v. Robert Wittman et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 9, 1990

Ordered that the order is affirmed, with costs.

The record amply supports the finding of the District Court that the tenant's default was not excusable and that there was undue delay in moving for vacatur of the default (see, CPLR 5015 [a] [1]).

On the instant appeal, the tenant argues that the petition was defective in that it was improperly brought in the name of the landlord's agent, i.e., the landlord...

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