Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
314308/2024
Slip Opinion Number
2025 NY Slip Op 51587(U)
Petitioner
806 Seneca Avenue Associates; LLC
Respondent
Adrian King; JOHN DOE AND JANE DOE
Judge
Ibrahim; Shorab
Decision/Order Date
2025-10-07
Posture
Post-judgment Motion by Tenant
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding; the court denies the tenant's second motion to vacate a default judgment and dismiss the case; finding his conclusory denial of service insufficient. However; the court grants the tenant a stay pending appeal upon payment of arrears and ongoing use and occupancy. The landlord's cross-motion to amend "Jane Doe" to the true tenant's name is denied due to a lack of due diligence under CPLR § 1024; as the true name was ascertainable from the lease. Consequently; the default judgment and warrant against "Jane Doe" are vacated; and the petition is dismissed as to that party; significantly impacting the landlord's ability to recover possession.
Keywords
Motion to Vacate Default Denied; Conclusory Statements Not Sufficient to Rebut Affidavit of Service; Stay Pending Appeal; Undertaking; Motion to Amend Jane Doe’s Name Denied; Due Diligence Required Before Resorting to John; Jane Doe; CPLR 1024
Recommended Citation
"806 Seneca Ave. Assoc.; LLC v. King" (2025). All Decisions. 2002.
https://ir.lawnet.fordham.edu/housing_court_all/2002
