Appellate Division of the Supreme Court of the State of New York October 24, 2012 (Sands Point Partners Private Client Group v. Fidelity National Title Insurance)

*983After purchasing the premises at issue in 2009, the plaintiff commenced an action in the Civil Court of the City of New York, Housing Part, seeking to evict Kevin Evans, a person in possession of the property (hereinafter the eviction action). Evans defaulted in the eviction action, but eventually moved to vacate his default.