Case Type
Holdover-Illegal Sublet
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T XXXXXX/23
Slip Opinion Number
2024 NY Slip Op 50964(U)
Petitioner
Woodhull Park 191 LLC
Respondent
W.M., "JOHN DOE", "JANE DOE", K.M., K.M.
Judge
Guthrie, Clinton J.
Decision/Order Date
2024-07-22
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord initiated a holdover proceeding against the tenant for allegedly illegally subletting the rent-stabilized apartment. The tenant defaulted at the inquest, but later filed an order to show cause to vacate the default judgment. The court granted respondent's order to show cause and vacated the default judgment and warrant pursuant to CPLR § 5015(a)(1). The court found that respondent had a reasonable excuse for her default and set forth potentially meritorious defenses of no illegal sublet. The court vacated the default judgment and warrant, and restored the proceeding for trial.
Recommended Citation
"Woodhull Park 191 LLC v. W.M." (2024). All Decisions. 1613.
https://ir.lawnet.fordham.edu/housing_court_all/1613
