Case Type
Holdover-Licensee
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
570521/22
Slip Opinion Number
2025 NY Slip Op 02640
Petitioner
Anderson Avenue Associates LP
Respondent
Fuller, Doreen; Services for the Underserved, Inc.
Judge
Renwick, Manzanet-Daniels, Higgitt, Rosado
Decision/Order Date
2025-05-01
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
A landlord brought a holdover proceeding claiming the tenant had no right to remain in a rent-stabilized unit, asserting exemption under the Rent Stabilization Code due to the involvement of a charitable organization. The tenant, unrepresented at trial, was accompanied only by a GAL who failed to file an answer, obtain counsel, or mount a defense. Judgment was entered for the landlord. On a post-judgment motion, the tenant sought vacatur, which was denied and affirmed by the Appellate Term. On further appeal, the Appellate Division reversed, holding the GAL's failure to act was tantamount to a default, and that vacatur was warranted in the interest of justice. The case was remanded for a new trial. Practice note: Courts retain inherent authority to vacate judgments where due process is compromised, even if statutory grounds are not strictly met.
Recommended Citation
"Matter of Anderson Ave. Assoc. LP v. Fuller" (2025). All Decisions. 1789.
https://ir.lawnet.fordham.edu/housing_court_all/1789
