Case Type

Other

Holdover Type

Market Rate (likely)

Court

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

570669/23

Slip Opinion Number

2023 NY Slip Op 51110(U)

Petitioner

1755 Jarvis LLC

Respondent

Ramona Felix

Judge

Brigantti, J.P., Tisch, Michael, JJ.

Decision/Order Date

2023-10-18

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The court overturned a default judgment against a tenant who failed to respond to a lawsuit for unpaid rent. The court found that the tenant had a potentially meritorious defense because the lease had already been cancelled by a prior eviction warrant. There is also public policy to decide cases on their merits, so the tenant was allowed to defend against the lawsuit.

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