Case Type

Other

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-315864-24/QU

Slip Opinion Number

2026 NY Slip Op 32056(U)

Petitioner

WELLS FARGO BANK N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-NC3 ASSET-BACKED PASS-THROUGH CERTIFICATES

Respondent

DONOVAN ANTHONY WRIGHT

Judge

Guthrie, Clinton J.

Decision/Order Date

2026-05-28

Posture

Post-judgment Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this post-foreclosure holdover, the court vacates a default judgment that had dismissed the proceeding, finding the landlord showed a reasonable excuse (one instance of law office failure) and a potentially meritorious claim. The court denies the tenants' cross-motion to dismiss, holding the foreclosure-sale purchaser adequately pled standing under RPAPL §§ 713(5) and 721(3) despite a prior judgment voiding an earlier deed.

Keywords

Post-Foreclosure Holding; Default Vacated; Law Office Failure; RPAPL § 713(5); RPAPL § 721(3); Standing; Foreclosure Sale Purchaser; Prior Void Deed Does Not Deprive Owner Of Standing In Post-Foreclosure Holdover

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