Tradito v. 815 Yonkers Avenue Series TDS Leasing, LLC

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is reversed, without costs, and the branches of tenants’ motions seeking to vacate the default final judgment, to dismiss the petition, and to be restored to possession are granted.

Landlords commenced this commercial nonpayment proceeding to recover possession and $2,800 in alleged arrears in taxes, plus late fees of $400. They obtained a default final judgment on June 23, 2008 following conspicuous-place service of the papers at the premises and mailings to the premises’ address. On July 17, 2008, tenants were…