Case Type

Holdover-Other

Housing Type

Other

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

88410/19

Slip Opinion Number

2024 NY Slip Op 24310

Petitioner

Sea Park E., L.P.

Respondent

Tawanda Thompson, Edie Thompson, Michael Thompson, Gregory Thompson

Judge

Harris, David A

Decision/Order Date

2024-11-21

Posture

Post-answer Motion by Landlord

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding, the landlord moved to vacate an ERAP stay and obtain a default judgment. The tenant cross-moved to vacate a prior stipulation of settlement and dismiss the case. The court granted the tenant's cross-motion, finding that the landlord failed to provide the tenant with a required notice under the Violence Against Women Act (VAWA). This failure to provide the statutorily mandated notice constituted a fundamental defect in the proceeding, leading the court to vacate the stipulation and dismiss the case.

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