FAILED TO PROVIDE MEDICAL EVIDENCE
Claiming that their attorney had been “mentally incapacitated,” some tenants made a motion seeking to vacate everything that had occurred in a summary proceeding. And after that application was denied by the New York County Civil Court, an appeal followed.
On its review, the Appellate Term, First Department, noted that the disability claim was not properly supported by “medical proof.” And in the absence of that evidence, the AT1 didn’t think the tenants had established entitlement to the requested relief.
In addition to affirming the underlying determination, the court dismissed the appeal of a final judgment in the amount of $55,000, because that appeal was “untimely.”
Looks like those claims clearly lacked appeal ….
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DECISION