Case Type
HP
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
l.&T 322842-24
Slip Opinion Number
2026 NY Slip Op 50649(U)
Petitioner
Francisco Soriano Lopez
Respondent
Evergreen Terrace LLC
Judge
Schiff, Logan, J
Decision/Order Date
2026-05-06
Posture
Post-judgment Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In an HP proceeding following a fire and vacate order, the court denied the landlord's motion to vacate a default order directing repairs and to dismiss the petition. While the court accepted law office failure as a reasonable excuse for the default, it found the landlord lacked a meritorious defense. The landlord's intent to demolish the rent-stabilized building for financial reasons, without demonstrating economic infeasibility or that the building was effectively demolished, does not relieve the landlord of the obligation to repair or serve as a defense to an Order to Correct. The Order to Correct, requiring repairs within 90 days, remains in effect.
Keywords
HP; Landlord's Default; Law Office Failure; Ambiguity in an Order to Correct Does not Render it Void; Desire to Demolish Absent Economic Infeasibility is not a Defense
Recommended Citation
"Lopez v. Evergreen Terrace LLC" (2026). All Decisions. 2217.
https://ir.lawnet.fordham.edu/housing_court_all/2217
