Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 315194-24/NY
Petitioner
3612 BROADWAY PARTNERS LLC
Respondent
PAULA MORENO
Judge
Ferdinand, Tracy E.
Decision/Order Date
2025-07-29
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
A landlord's motion for a default judgment was denied, and the court granted a tenant's motion for leave to file a late answer in a non-payment proceeding. The court reasoned that a meritorious defense is not an essential element for a late answer motion when no default judgment has been entered. The court was persuaded by the short, eight-day delay between the tenant's counsel appearing and filing the motion. Citing a lack of prejudice to the landlord and the public policy of resolving cases on their merits, the court granted the tenant's motion.
Keywords
Leave to File Late Answer Granted; Short Turnaround Persuasive; Meritorious Defenses not Essential in Meeting the Standard for Filing a Late Answer
Recommended Citation
"3612 BROADWAY PARTNERS LLC v. MORENO" (2025). All Decisions. 1875.
https://ir.lawnet.fordham.edu/housing_court_all/1875
