Case Type
Non-payment
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570018/25
Slip Opinion Number
2025 NY Slip Op 50954(U)
Petitioner
129th Street Cluster Associates, L.P.
Respondent
Jane J. Davis
Judge
Brigantti, J.P., James, Perez, JJ.
Decision/Order Date
2025-06-12
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court reversed the Housing Court's decision, vacating a default final judgment against a long-term, SCRIE-qualified tenant in a nonpayment proceeding. The nonappearance was not willful, and the landlord demonstrated no prejudice from the brief delay. The tenant showed a meritorious defense by presenting money order receipts for alleged 1999 arrears, which may be time-barred. The case was remanded for further proceedings on the merits.
Keywords
Default judgment vacated; Long-term rent-stabilized SCRIE tenancy; Meritorious defense shown
Recommended Citation
"129th St. Cluster Assoc., L.P. v. Davis" (2025). All Decisions. 1841.
https://ir.lawnet.fordham.edu/housing_court_all/1841
