Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

LT-301841-22

Petitioner

ALDUS GREEN COMPANY

Respondent

CLAUDIA BECK, JOHN DOE, JANE DOE

Judge

Donoghue, Elizabeth

Decision/Order Date

2025-11-07

Posture

Post-answer Motion by Landlord

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

In this non-payment proceeding, the landlord's motion to restore the case and for a money judgment and warrant of eviction was denied. The court found that the landlord failed to provide a reasonable excuse for the significant delay of over 31 months in seeking restoration after the parties had previously settled the matter by stipulation. This period was well beyond the one-year statutory limit set by 22 NYCRR § 208.14(c). The court also considered the potential prejudice to the 71-year-old long-term rent-regulated tenant, noting that restoring the matter for judgment on years of unchallenged rent could be unfair.

Keywords

Motion to Restore Non-Payment Proceeding Denied; Failure to Prosecute; 22 NYCRR § 208.14(c); Petitioner Failed to Allege Reasonable Excuse for Delay in Seeking Restoration Well Over One Year After Settlement

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