Case Type
Holdover
Holdover Type
Nuisance
Housing Type
See Decision
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 80711/17
Petitioner
420 WEST 42ND STREET, LLC
Respondent
LUIS MERCADO, ROSA VARGAS, “JOHN DOE,” and/or “JANE DOE”
Judge
Fang, Vanessa
Decision/Order Date
2021-10-19
Posture
Motion by Landlord
Disposition
Case Dismissed/Discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord asked the court to restore the holdover proceeding against the tenant, alleging that the tenant had breached the parties' November 2019 stipulation of settlement by failing to address a bedbug infestation that substantially interferred with the comfort and safety of petitioner and other tenants. The court denied the petitioner's motion to restore and dismissed the case, finding that the petitioner's May 2021 motion was filed too late, the petitioner having missed the stipulation's November 2020 deadline to file. The court noted that the petitioner failed to establish how the coronavirus pandemic provided a reasonable excuse for missing the filing deadline.
Recommended Citation
"420 WEST 42ND STREET, LLC v. Mercado" (2021). All Decisions. 51.
https://ir.lawnet.fordham.edu/housing_court_all/51
