Case Type
Non-payment
Holdover Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
Slip Opinion Number
2023 NY Slip Op 23327
Petitioner
WFHA Rockaway L.P.
Respondent
Lucille Stevens
Judge
Schiff, Logan J.
Decision/Order Date
2023-10-24
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this non-payment proceeding, the landlord applied for a default judgment against the tenant after the tenant failed to answer. The court denied the landlord's application without prejudice. The petition alleged the tenant defaulted on a "written agreement" but did not specify the term or provide the agreement itself. The court found this deficient, as it could not determine if there was an ongoing rental agreement in effect when the proceeding was commenced, which is required to state a cause of action. The court directed the landlord to renew the application and provide proof of an ongoing agreement to pay rent at the time the proceeding was filed. While not dismissing outright, the court found the lack of these core facts rendered the petition facially deficient to support a default judgment at this stage.
Recommended Citation
"WFHA Rockaway L.P. v. Stevens" (2023). All Decisions. 1456.
https://ir.lawnet.fordham.edu/housing_court_all/1456
