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.
Recommended Citation
"Gomez v. Gomez" (2025). All Decisions. 1812.
https://ir.lawnet.fordham.edu/housing_court_all/1812