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200-36 Holding Corp. v. Fergusson

Vacatur of Default for Reasonable Excuse, Meritorious Defense Granted But Dismissal Denied

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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion to renew and reargue this court’s March 27, 2017 order and for further relief:Papers NumberedOrder to show cause, affidavit and exhibits annexed         1Affirmation in opposition     2Affirmation in Reply to petitioner’s opposition    3Notice of Cross-motion       4Sur-reply  5DECISION/ORDER AFTER ARGUMENT

*1  Petitioner commenced this summary holdover proceeding in October 2016 seeking possession of the premises located at 200-36 46th Avenue, Bayside, New York 11361 (the “subject premises”). Respondent, Eric Fergusson (hereinafter “respondent”) appeared by counsel and the case was adjourned to January 11, 2017. Neither respondent nor respondent’s counsel appeared on January 11, 2017. A friend of respondent appeared on January 11, 2017 and informed the court that respondent was not feeling well. The case was adjourned to January 12, 2017 for respondent to appear. On January 12, 2017, again neither respondent nor his counsel appeared. The court conducted an inquest and awarded petitioner a final judgment of*2

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