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NEY v. PLASENCIA

2006-1925 S C.

2008 NY Slip Op 51442 (U)

DAVID NEY, Respondent, v. DARIO PLASENCIA, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 7, 2008.

In this nonpayment proceeding, tenant appeals from an order denying his motion to vacate a final judgment entered pursuant to the terms of a stipulation. The stipulation also provided that execution of the warrant would be stayed for tenant to make payments totaling $3,675 by September 29, 2006, in addition to the payment of September rent by September 5, 2006. At a hearing on tenant's motion, tenant testified

that he paid September rent by September 10, 2006 and...

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