Hotel Martha Washington Management Co. v. Swinick

Tenant appeals from orders denying her motión to vacate default judgments granted in two nonpayment proceedings. She also seeks review of the underlying default judg*983ments as well as the rejection of proffered counterclaims in a holdover proceeding also commenced by landlord. In view of the nature of the proceeding leading to the grant of default judgments, wherein tenant participated and all issues of liability and damages were considered, we have entertained all matters presented for review, notwithstanding the ordinary strictures of CPLB 5511 (cf. James v. Powell, 19 N Y 2d 249).

Upon…