Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

330345/23

Petitioner

1675 Realty LLC

Respondent

Wanda Dorcas

Judge

Shahid, Omer

Decision/Order Date

2024-11-19

Posture

Post-judgment Motion by Landlord

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the landlord moved to vacate a default judgment entered against them. The court denied the landlord's motion, finding that they failed to provide a reasonable excuse for their default. The court then granted summary judgment to the tenant and dismissed the petition, finding that no valid lease renewal was in effect at the time the proceeding was commenced, as required by RPAPL § 711(2). The court rejected the landlord's argument that acceptance of ERAP funds created an implied lease, distinguishing other cases where the subject premises were unregulated.

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