Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570415/25
Slip Opinion Number
51003(U)
Petitioner
527 West 48th St LLC
Respondent
Jason Strotz
Judge
Brigantti, James, Perez
Decision/Order Date
2025-06-23
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Term reversed a Civil Court order, vacating a default final judgment against a tenant in a holdover proceeding. The court found the tenant demonstrated a reasonable excuse for default (out-of-town during conspicuous service) and a meritorious defense (illegal deregulation). Additionally, the petition was dismissed because the landlord failed to timely file proof of service at least 10 days before the petition's return date.
Keywords
Vacate Default; Meritorious Defense; Excusable Default; Defective Service
Recommended Citation
"527 W. 48th St LLC v. Strotz" (2025). All Decisions. 1863.
https://ir.lawnet.fordham.edu/housing_court_all/1863
