Case Type
Holdover-Lease Expiration
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Nassau County
L&T / Index / Case / Docket / Clerk's Number
2022-852NC
Slip Opinion Number
2023 NY Slip Op 51459(U)
Petitioner
4720 Avenue, Inc.
Respondent
Harley House, et al., Undertenants
Judge
GARGUILO, JERRY; EMERSON, ELIZABETH H.; McCORMACK, JAMES P.
Decision/Order Date
2023-12-21
Posture
Pre-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Landlord Substantially Won
Synopsis
In this holdover-lease expiration case, the appellant landlord sought to maintain possession of the premises by commencing a summary proceeding pursuant to RPAPL 713(3) after serving the respondent tenant with a 10-day notice to quit. The respondent, however, failed to appear on the return date of the motion, resulting in a final judgment entered in favor of the landlord. Subsequently, the respondent moved to vacate the final judgment, asserting a reasonable excuse for the default and claiming a potentially meritorious defense based on the requirement of a 30-day notice due to a purported tenancy at will. While the court found the respondent's excuse for default reasonable, it determined that the respondent failed to demonstrate a potentially meritorious defense, as the claimed possessory interest under the deed was vacated by the Supreme Court due to forgery. As a result, the court reversed the order granting the respondent's motion, denied the motion to vacate the final judgment, and reinstated the final judgment in favor of the landlord.
Recommended Citation
"4720 Ave., Inc. v. House" (2023). All Decisions. 1391.
https://ir.lawnet.fordham.edu/housing_court_all/1391
