Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-317248-24/BX
Slip Opinion Number
2024 NY Slip Op 51713(U)
Petitioner
Briar Hill Realty LLC
Respondent
Paul Reisner
Judge
Hassan, Amira E.
Decision/Order Date
2024-12-18
Posture
Other
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the landlord obtained a default judgment against the tenant. The tenant moved to vacate the default judgment, arguing that the landlord's agent misled him into believing he did not need to respond to the court proceedings. The court granted the tenant's motion, finding that the landlord's agent's actions constituted extrinsic fraud, which warranted vacating the judgment even without a showing of a meritorious defense. The court emphasized the importance of preserving the integrity of the legal process and preventing situations where parties are misled into believing they do not need to defend themselves in court.
Recommended Citation
"Briar Hill Realty LLC v. Reisner" (2024). All Decisions. 1717.
https://ir.lawnet.fordham.edu/housing_court_all/1717
