Case Type

Non-payment

Housing Type

Market Rate

Court

Appellate Term, Second Department

County

Kings County (Brooklyn)

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

2024-1188 KC

Slip Opinion Number

2026 NY Slip Op 50694(U)

Petitioner

Daniel Stephenson

Respondent

Leonard Lucenti, Joseph Lucenti, "John Doe", "Jane Doe"

Judge

Toussaint, Wavny, P.J.; Buggs, Cheree, A.; Quinones, Joanne, D.

Decision/Order Date

2026-03-20

Posture

Other

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In a nonpayment proceeding involving an unregulated month-to-month tenancy, the Civil Court dismissed the landlord's petition due to the landlord's failure to appear. The landlord moved to vacate the dismissal, arguing excusable law office failure and a meritorious claim. The Civil Court denied the motion, citing a lack of a lease. The Appellate Term reversed, holding that counsel's mis-calendaring was a reasonable excuse and that a potentially meritorious claim for unpaid rent under an oral month-to-month agreement existed. The court granted the landlord's motion to vacate and reinstated the petition.

Keywords

Nonpayment; Default Dismissal; Motion to Vacate; Excusable Law Office Failure; Petition Reinstated

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