129th Street Cluster Associates, L.P., Petitioner-Landlord-Respondent, v. Jane J. Davis, Respondent-Tenant-Appellant. (2025)

Supreme Court, Appellate Term, New York,

129th Street Cluster Associates, L.P., Petitioner-Landlord-Respondent, v. Jane J. Davis, Respondent-Tenant-Appellant.

570018 /25

Decided: June 12, 2025

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

Per Curiam.

Order (Frances A. Ortiz, J.), dated August 8, 2024, reversed, with $10 costs, motion granted, default final judgment vacated and the matter remanded for further proceedings.

Considering the strong policy favoring resolution of cases on the merits (see Chevalier v 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413—414 [2011]), we favorably exercise our discretion to relieve the long-term, Senior Citizen Rent Increase Exemption (SCRIE)-qualified tenant of the default final judgment entered in this nonpayment summary proceeding. Tenant's isolated nonappearance was not willful and no showing was made that landlord was prejudiced by the brief delay. Tenant also demonstrated the existence of a potentially meritorious defense by submitting money order receipts in support of her contention that she paid the 1999 rent arrears sought in this 2024 nonpayment proceeding.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: June 12, 2025

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