Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-312744-25/KI
Petitioner
MGA Realty Corp
Respondent
Deborah and Gerorgene Pellegrino
Judge
Slutzky, Elyssa, O.
Decision/Order Date
2025-11-21
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Handwritten Opinion. The court granted the tenant's post-eviction Order to Show Cause to vacate a default judgment in a nonpayment proceeding, ordering immediate restoration to possession. The landlord's affidavit supporting the default judgment erroneously claimed the tenant was not disabled, despite the tenant having previously received a Disability Rent Increase Exemption (DRIE) benefit and possessing a service dog. The court found this representation "clearly erroneous," warranting the vacatur of the default judgment and restoration.
Keywords
Post-eviction; OSC to Vacate Default Judgment in Nonpayment Granted; Tenant Restored to Possession Forthwith; Affidavit in Support of Default Judgment Erroneously/Falsely Stated Tenant is Not Disabled
Recommended Citation
"MGA Realty Corp v. Pellegrino" (2025). All Decisions. 2073.
https://ir.lawnet.fordham.edu/housing_court_all/2073
