NEW SAVOY PARK PORTFOLIO LLC v. SANTIAGO (2025)

Supreme Court, Appellate Term, New York,

NEW SAVOY PARK PORTFOLIO LLC, Petitioner-Landlord-Respondent, v. Phillip SANTIAGO, Respondent-Tenant, and “J. Doe,” Respondent-Appellant.

570790 /24

Decided: February 18, 2025

PRESENT: Brigantti, J.P., James, Perez, JJ.

Order (Tracy Ferdinand, J.), dated June 12, 2024, affirmed, without costs.

We find no abuse of discretion in the denial of respondent Cooleridge Bell Bey's application to vacate the default final judgment and warrant of eviction entered against him in this licensee holdover proceeding, and to restore him to possession. Respondent offered no convincing excuse for his repeated defaults in appearance over the course of four years despite multiple notices sent by petitioner and the court. Nor did respondent set forth a meritorious defense to the proceeding by, among other things, demonstrating any right to continued occupancy following the April 2019 death of the tenant of record (see e.g., Starrett City, Inc. v Smith, 25 Misc 3d 42, 44 [App Term, 2d Dept, 2009]). On this record, good cause for vacating the warrant of eviction is absent (see RPAPL § 749 [3]; see also City of New York v 130/40 Essex St. Dev. Corp., 302 AD2d 292 [2003]; New York Hous. Auth. v Torres, 61 AD2d 681 [1978]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network