Case Type
Non-payment
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
303501/2022
Slip Opinion Number
2025 NY Slip Op 50702(U)
Petitioner
28-18 31st Street, LLC
Respondent
Jessica Aeja Muso, et. al.
Judge
Ibrahim, Shorab
Decision/Order Date
2025-04-14
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this non-payment case, the tenant moved under CPLR 5015(a)(1) to vacate a February 2023 default judgment, claiming medical issues, including seizures and memory loss, as her excuse. However, the court found no medical documentation linking her condition to the default, rendering the excuse unsubstantiated and legally insufficient. The court declined to consider the alleged defense of no valid lease due to the failure to show a reasonable excuse. Although denying the motion to vacate, the court granted a short stay of eviction conditioned upon substantial rent arrears payment. Practice Note: Courts strictly enforce documentation requirements for medical excuses; unsupported health claims are insufficient to vacate defaults.
Recommended Citation
"28-18 31st St., LLC v. Muso" (2025). All Decisions. 1785.
https://ir.lawnet.fordham.edu/housing_court_all/1785
