Case Type
Non-payment
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-981 K C
Slip Opinion Number
2025 NY Slip Op 50846(U)
Petitioner
Tuesdai Family Irrevocable Living Trust By Aldric Freeman, Trustee
Respondent
Pete John Denver, Jr., Osy Kokelu Brian, "John" "Doe", "Jane" "Doe"
Judge
Toussaint, Wavny, P.J., Mundy, Marina, Cora, Ottley, Lisa, S.
Decision/Order Date
2025-05-16
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The landlord obtained a default judgment in a nonpayment proceeding. A tenant moved to vacate the default, claiming improper service, which the Civil Court rejected. However, the Civil Court, without finding a reasonable excuse for the default, vacated the judgment and sua sponte dismissed the petition based on the merits. The Appellate Term, Second Department, reversed, holding that vacating a default judgment under CPLR 5015(a)(1) requires both a reasonable excuse for the default and a meritorious defense. The Civil Court's failure to find a reasonable excuse rendered its vacatur an improvident exercise of discretion. The Appellate Term reinstated the default judgment for the landlord.
Keywords
Default Standard not Met; Improvident Exercise of Discretion
Recommended Citation
"Tuesdai Family Irrevocable Living Trust v. Denver" (2025). All Decisions. 1965.
https://ir.lawnet.fordham.edu/housing_court_all/1965
