• Appellate Term, Second Judicial Department
  • 2015-205 K C
  • Apr 07 2017 (Date Decided)
  • : Weston, J.P., Pesce, Aliotta, JJ.
2015-205 K C. SHOREFRONT APTS., LLC v. MANKO — Consolidated appeals from (1) a final judgment of the Civil Court of the City of New York, Kings County (Kevin C. McClanahan, J.), entered July 25, 2013, and an order of the same court dated August 2, 2013, (2) an order of the same court dated August 23, 2013, deemed from a judgment of the same court entered August 23, 2013 (see CPLR 5512 [a]), and an order of the same court dated August 28, 2013, and (3) an order of the same court dated November 15, 2013, deemed in part from a judgment of the same court entered November 15, 2013 (see id.). The final judgment, insofar as appealed from, entered upon tenant Nella Manko's failure to appear at trial, awarded landlord possession and arrears in the sum of $2,493.06 as against her and dismissed her counterclaims in a nonpayment summary proceeding. The order dated August 2, 2013 denied a motion by Liuba Manko to vacate so much of the default final judgment as was entered against her and granted landlord's cross motion for attorney's fees to the extent of setting the matter down for a hearing. The judgment entered August 23, 2013 upon the order dated August 23, 2013 which, after a hearing, granted landlord's cross motion for attorney's fees, insofar as appealed from, awarded landlord attorney's fees in the sum of $6,063.43 as against Nella Manko. The order dated August 28, 2013 denied Nella Manko's motion to vacate the default final judgment. The order entered November 15, 2013, insofar as directly appealed from, denied the branch of Nella Manko's motion which again sought to vacate the default final judgment. The judgment entered November 15, 2013 upon the order dated November 15, 2013 which, after a hearing, granted the branch of landlord's motion seeking additional attorney's fees, insofar as appealed from, awarded landlord additional attorney's fees in the sum of $2,206 as against Nella Manko.

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