Case Type

Holdover-Licensee

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

316580/2024

Petitioner

REUVEN HOLDING, LTD.

Respondent

LEANDRA LOPEZ

Judge

Stoller, Jack

Decision/Order Date

2025-12-19

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this licensee holdover proceeding, the landlord obtained a judgment and warrant of eviction, leading to the tenant's eviction. The tenant subsequently filed a post-eviction Order to Show Cause seeking restoration, citing medical issues that impacted her ability to litigate and potential eligibility for HRA assistance. Balancing the equities, the court granted the tenant's motion under RPAPL § 749(3), ordering immediate restoration to possession. The re-execution of the warrant was stayed, conditioned upon the tenant's payment of stipulated rent arrears, plus marshal and legal fees, despite the landlord's strong objection.

Keywords

Post-eviction Order to Show Cause; RPAPL § 749(3); Tenant Restored to Possession Forthwith; Re-execution of Warrant Stayed for Payment of Rent Arrears & Legal/Marshal Fees

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