Case Type
Holdover-Licensee
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
333443-24
Slip Opinion Number
53A
Petitioner
ROCK PARK REALTY LLC
Respondent
JOHN DOE aka BURSHAWN MCDONALD, JOHN DOE, JANE DOE
Judge
Jimenez, Sergio
Decision/Order Date
2026-01-27
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this licensee holdover, the tenant, who was evicted after a default judgment, filed a post-eviction Order to Show Cause seeking restoration. The court granted the tenant's motion, vacating the default judgment and warrant, and restoring the tenant to possession. The court found a reasonable excuse for the default based on the tenant not receiving notice, applying a totality of the circumstances analysis for CPLR § 5015(a)(1). A potentially meritorious defense of succession rights was also established. The decision emphasized the court's preference for deciding matters on their merits rather than by default.
Keywords
Licensee Holdover, Post-Evict Motion To Restore Granted, CPLR § 5015(a)(1), Reasonable Excuse And Meritorious Defense, Matters Should be Decided on the Merits and Substance
Recommended Citation
"ROCK PARK REALTY LLC v. McDonald" (2026). All Decisions. 2118.
https://ir.lawnet.fordham.edu/housing_court_all/2118
