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
LT-315233-25/QU
Slip Opinion Number
2026 NY Slip Op 50521(U)
Petitioner
NP Irrevocable Living Trust
Respondent
Joshua Harris, JOSHUA REALTY
Judge
Lane, Peter F.
Decision/Order Date
2026-04-10
Posture
Post-judgment Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this commercial non-payment proceeding, the court denied the tenant's post-judgment motions to stay the warrant of eviction and vacate the default judgment previously granted to the landlord. The court found no good cause to stay the warrant. Regarding vacatur, the tenant's delay in seeking relief under CPLR 5015(a)(3) was unreasonable, and allegations of fraud were unsubstantiated. Furthermore, the tenant's mere denial of receiving the notice of petition and petition was insufficient to warrant relief under CPLR 317 or CPLR 5015(a)(4), as valid service was established.
Keywords
Motion to Vacate Default Judgment Denied; Unreasonable Delay; Fraud as Basis for Relief Under CPLR 5015[a][3] -- Mere Denial of Receipt of Court Papers is Insufficient to Warrant Relief Under CPLR 317
Recommended Citation
"NP Irrevocable Living Trust v. Harris" (2026). All Decisions. 2179.
https://ir.lawnet.fordham.edu/housing_court_all/2179
