Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
317960-23
Petitioner
217 East 93 LLC
Respondent
Matrice Edwards, John Doe, Jane Doe
Judge
Jimenez, Sergio
Decision/Order Date
2025-05-09
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Keywords
In a post-stipulation holdover for lease expiration, the tenant moved to stay execution of a warrant of eviction beyond the stipulated vacate date. The landlord opposed, arguing that RPAPL §753 imposed a one-year time bar on such relief. The court analyzed the statutory tension between RPAPL §§749(3), 753, and CPLR §2201, concluding that §749(3) governs post-issuance stays and lacks a temporal limit. It exercised discretion to extend the eviction stay until June 17, 2025, citing the tenant’s health, minor children with educational needs, and lack of prejudice to the landlord. The decision clarifies that courts retain discretion under RPAPL §749(3) to stay warrant execution where good cause exists, even beyond a year. Practitioners should distinguish between staying issuance and execution and invoke §749(3) when seeking discretionary post-warrant relief.
Recommended Citation
"217 E. 93 LLC v. Edwards" (2025). All Decisions. 1780.
https://ir.lawnet.fordham.edu/housing_court_all/1780
