| Department of Hous. Preserv. & Dev. of City of N.Y. v Barrett |
| 2008 NY Slip Op 51513(U) [20 Misc 3d 135(A)] |
| Decided on July 21, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Barrett appeals from an order of the Civil Court of the City of New York, New
York County (Gilbert Badillo, J.), dated January 16, 2007, which denied her motion to vacate a
default judgment issued in a Housing Part enforcement proceeding.
Per Curiam.
Order (Gilbert Badillo, J.), dated January 16, 2007, affirmed, with $10 costs.
Civil Court properly denied respondent-landlord's motion to vacate the default judgment entered against her in this summary enforcement proceeding brought by the petitioning agency (DHPD) to compel a cure of housing code violations. Having affirmatively provided petitioner with statutorily required contact addresses (see Administrative Code of the City of NY § 27-2098[a][3]) and having taken no steps to amend the registration information, respondent may not now be heard to argue that service at the registered address was improper (see Department of Hous. Preservation and Dev. of the City of N.Y. v 532-536 West 143rd Street Realty Corp., 8 Misc 3d 136[A], 2005 NY Slip Op 52146[U] [2005]). Nor did respondent's conclusory allegations set forth a meritorious defense to petitioner's heating violation claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 21, 2008