<p>Since tenant Margaret S. Scott failed to appear at trial, she is in default and cannot appeal from the final judgment (<i>see</i> CPLR 5511). Thus, so much of the appeal as was taken by tenant Margaret S. Scott must be dismissed. However, since, in this holdover proceeding, tenants are united in interest, we do not limit the relief we grant to the tenant who properly appealed (<a href="../2016/2016_50198.htm" target="_blank"><i>see Oakwood Terrace Hous. Corp. v Monk</i>, 50 Misc 3d 141</a>[A], 2016 NY Slip Op 50198[U] [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2016]; <a href="../2014/2014_50662.htm" target="_blank"><i>Priegue v Paulus</i>, 43 Misc 3d 135</a>[A], 2014 NY Slip Op 50662[U] [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2014]).</p>

<p>Accordingly, the final judgment, insofar as appealed from, is modified by reducing the award to landlord upon landlord's causes of action for arrears in rent and for use and occupancy to the principal sum of $14,054.19, and by providing that tenants are awarded, in addition to the principal sum of $7,500 upon their first counterclaim, and the principal sum of $100 upon their third counterclaim, the principal sum of $483.71 upon their second counterclaim, resulting in a net judgment in landlord's favor in the principal sum of $5,970.48.</p>

<p>Iannacci, J.P., and Brands, J., concur.</p>

<br>Decision Date: January 05, 2017

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