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MATTER OF WATERVLIET HOUSING AUTHORITY v. BELL

262 A.D.2d 810 (1999)

694 N.Y.S.2d 484

In the Matter of WATERVLIET HOUSING AUTHORITY, Respondent, v. BRENDA BELL, Appellant.

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

Decided June 17, 1999.

Peters, J.

Petitioner commenced this proceeding in City Court, pursuant to RPAPL article 7, to recover possession of an apartment from respondent, the lessee. Based upon respondent's failure to appear on the return date, a default judgment was entered against her and a warrant of eviction was issued. Respondent promptly moved, pursuant to CPLR 5015, to vacate the default judgment upon the grounds of excusable default and lack of subject matter jurisdiction. City Court...

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