Case Type
Holdover-Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
314450/24
Petitioner
MAZAL GRAFTON BH LLC
Respondent
MARY POWER, ET AL.
Judge
Weisberg, Michael L.
Decision/Order Date
2025-07-30
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a holdover proceeding, the court granted the tenant's motion for reargument and dismissed the landlord's petition. The tenant argued that a prior, identical holdover case had been dismissed on the merits after trial, and under CPLR 5013, a post-evidence dismissal is presumed to be with prejudice, thereby having a preclusive effect (res judicata). Despite the judge's original intent, the tenant successfully argued that the text of the prior decision, and not the judge's subjective meaning, controls. The motion to dismiss the new petition was granted in its entirety.
Keywords
CPLR 5013; Res Judicata Applies in Post-Trial Decisions Regardless of Prejudice Language
Recommended Citation
"MAZAL GRAFTON BH LLC v. POWER" (2025). All Decisions. 1864.
https://ir.lawnet.fordham.edu/housing_court_all/1864
