"Gomez v. Gomez"
 

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

329134-23

Slip Opinion Number

2025 NY Slip Op 50886(U)

Petitioner

Gerard Gomez

Respondent

Joseph Alfred Gomez, Beverly Bailey, Isaiah Gomez, John Doe, Jane Doe

Judge

Bacdayan, Karen May

Decision/Order Date

2025-06-02

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The court denied the tenant's motion for a stay and undertaking pending an interlocutory appeal of an order denying dismissal of a holdover petition. The court clarified that CPLR 5519(a)(6) automatic stays only apply to judgments or orders requiring enforcement, such as an eviction. Since the appealed order merely denied dismissal and transferred the case to trial, not directing any specific enforcement action against the tenant, an automatic stay was not warranted.

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