Case Type
Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-309120-24/KI
Slip Opinion Number
2025 NY Slip Op 35264(U)
Petitioner
BROOKLYN ADULT CARE CTR., LLC
Respondent
LAWRENCE GARRETT
Judge
Danescu, Madalina
Decision/Order Date
2025-05-30
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Court vacated default judgment against respondent resident of an adult care facility on three grounds: petitioner controlled respondent's mail, raising doubt he received court notices; petitioner knew of respondent's visual impairment and failed to ensure he could read and understand the petition; and petitioner had respondent sign the Notice of Termination without advising him of its contents. Respondent raised several potentially meritorious defenses that petitioner left unaddressed and unopposed.
Keywords
Elder Law; Adult Care Facility; Default Judgment Vacated; Excusable Default; Visual Impairment; Mail Control By Petitioner; Notice Of Termination Signed Without Advising Respondent; Social Services Law; Meritorious Defense
Recommended Citation
"Brooklyn Adult Care Ctr., LLC v. Garrett" (2025). All Decisions. 2265.
https://ir.lawnet.fordham.edu/housing_court_all/2265
