Case Type

Nonpayment

Housing Type

HDFC

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-333232-22/BX

Slip Opinion Number

Not Stated

Petitioner

Albert Goodman Housing Development Fund Corp.

Respondent

Corey Brown; Stacy G. Rose

Judge

Alberto Gonzalez, J.

Decision/Order Date

2026-09-14

Posture

Post-Answer Motion by Landlord

Disposition

Motion Denied for Landlord

Winner

Tenant Substantially Won

Synopsis

Petitioner moves to vacate an ERAP stay and restore this 2022 nonpayment proceeding to the calendar after receiving a $12,114 ERAP payment in April 2024, asserting $25,833 remains due through May 2026. Court denies restoration under the four-prong test of 22 NYCRR §208.14(c): (1) no meritorious cause of action, as the ledger includes arrears predating respondent's tenancy—rent from 2018–2019, two years before his 2021 lease commenced; (2) no reasonable excuse for delay, given that ERAP was paid in April 2024 but the motion was not filed until May 2026; (3) restoration would prejudice respondent by forcing him to defend arrears from before he was tenant of record; and (4) petitioner affirmatively demonstrated intent to abandon by filing, prosecuting, and obtaining a judgment and warrant in a separate subsequent proceeding covering the same period. Motion denied; case remains off calendar.

Keywords

Nonpayment; Motion to Restore; Failure to Prosecute; 22 NYCRR § 208.14(c); ERAP Stay; Marked Off Calendar; Landlord Moved to Restore Three Years Later; Landlord Started New Case Covering Same Issues; Intent to Abandon; Four-Prong Test for Restoration

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