1755 LLC v. Ramona Felix, Defendant-Respondent. (2023)

Supreme Court, Appellate Term, New York,

1755 Jarvis LLC, Plaintiff-Appellant, v. Ramona Felix, Defendant-Respondent.

23-054

Decided: October 18, 2023

PRESENT: Brigantti, J.P., Tisch, Michael, JJ.

Per Curiam.

Order (Jeffrey S. Zellan, J.), entered April 17, 2023, affirmed, without costs.

Given the strong public policy of this State to dispose of cases on the merits (see Chevalier v. 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 414 [2011]), we find that Civil Court providently exercised its discretion in granting defendant's motion to vacate the default judgment. The default was not intentional or prejudicial, and defendant promptly moved for vacatur relief upon learning of the default judgment entered against her. The record also shows the existence of a potentially meritorious defense to this action for unpaid "rent" allegedly accruing under a residential lease that, according to the complaint, "expired on May 31, 2017," inasmuch as the record so far developed indicates that the lease was previously cancelled upon issuance of a warrant of eviction against tenant in a prior summary proceeding (see former RPAPL 749[3] [amended L 2019, ch 36, § 1, part M, § 19, eff. June 14, 2019]; Mann v Munch Brewery, 225 NY 189, 194 [1919])

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: October 18, 2023

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