Case Type
Holdover-Non-primary Residence
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
L&T 44158/19
Petitioner
JANEL TOWERS LLC
Respondent
DENNIS ABOAGYE, ESTHER ABOAGYE, DOUGLAS OTCHERE, JOHN DOE, JANE DOE
Judge
Miller, Kisha, L
Decision/Order Date
2025-09-25
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In this nonprimary residence holdover proceeding, the landlord moved to restore the case for immediate trial five years after it was marked off calendar for discovery. The court denied the motion, finding the landlord failed to demonstrate a reasonable excuse for the lengthy delay, a lack of prejudice to the tenant, or to address the merits of the underlying nonprimary residence claim. Citing Appellate Term precedent, the court emphasized that a motion to restore, filed more than one year after a case is stricken, requires proof of merit, lack of prejudice, lack of intent to abandon, and a reasonable excuse for delay. The landlord's allegation of unpaid use and occupancy was deemed an insufficient basis to warrant restoration.
Keywords
Motion to Restore Proceeding for Immediate Trial Denied; Failure to Pay Use & Occupancy Insufficient Basis Restore Nonprime Holdover Marked Off-Calendar for Discovery
Recommended Citation
"JANEL TOWERS LLC v. ABOAGYE" (2025). All Decisions. 1953.
https://ir.lawnet.fordham.edu/housing_court_all/1953
