4117 15TH AVE v. HORNEDO


184 Misc.2d 986 (2000)

712 N.Y.S.2d 304

4117 15TH AVE. REALTY CORP., Appellant, v. MARIA HORNEDO, Respondent.

Supreme Court, Appellate Term, Second Department.

June 26, 2000.


Attorney(s) appearing for the Case

Jack L. Glasser, P. C., Lawrence, for appellant.

Maria Hornedo, respondent pro se.

ARONIN, J. P., SCHOLNICK and PATTERSON, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously reversed without costs, petition reinstated and matter remanded to the court below for further proceedings.

In this nonpayment proceeding, tenant moved to vacate a default final judgment and to restore the matter to the calendar. Landlord did not submit papers in opposition to tenant's motion but appeared on the return date with its witnesses and consented to the vacatur of the default...

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