Brooklyn Properties v. Shade

OPINION OF THE COURT

Memorandum.

Appeal from the order dated November 7, 2002 unanimously dismissed as superseded.

Order dated November 12, 2002 (M. Pinckney, J.) insofar as appealed from unanimously modified by vacating the provision which in effect denied tenant’s application to vacate the default final judgment and to be restored to possession on the ground of excusable default and the alleged meritorious defenses of laches and breach of the warranty of habitability, and by providing that tenant’s application on said grounds is remanded for determination after a hearing; as so modified,…