Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
2024-677 Q C
Slip Opinion Number
2025 NY Slip Op 51145(U)
Petitioner
David Huang, Nicole Lee-Huang, and Jessica Huang
Respondent
Ernest Johnson, John/Jane Doe 1-2
Judge
Toussaint, P.J.; Buggs, Ottley, JJ.
Decision/Order Date
2025-06-06
Posture
Post-judgment Motion by Tenant
Disposition
Other
Winner
Other
Synopsis
In this no-grounds holdover, the court affirmed the denial of the tenant's motion to vacate a default judgment and be restored to possession after eviction. The tenant claimed his failure to appear was due to his incarceration, but he provided no documentation to support this assertion. The court found that the tenant's motion papers were insufficient, consisting only of conclusory statements without evidence of a reasonable excuse or a meritorious defense. The denial was upheld as a proper exercise of the lower court's discretion, and because it was made "without prejudice," the tenant retained the option to refile the motion with the necessary corroborating evidence.
Keywords
Post-Eviction OSC to Vacate Default Judgment Without Prejudice to New Motion
Recommended Citation
"Huang v. Johnson" (2025). All Decisions. 1921.
https://ir.lawnet.fordham.edu/housing_court_all/1921
