Jones v. Jones

2 Citing cases

  1. Genuine Realty Corp. v. Mitchell

    61 Misc. 3d 132 (N.Y. App. Term 2018)   Cited 2 times

    Given the strong public policy of this State to dispose of cases on the merits (seeChevalier v. 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [2011] ), we favorably exercise our discretion and grant tenant's motion to vacate the default final judgment in this holdover summary proceeding based upon allegations of illegal subletting. Tenant demonstrated a reasonable excuse for her unintended default - she was in Missouri caring for her ailing mother and was unaware of the proceeding in time to defend - and a potentially meritorious defense to the holdover proceeding (seeHorseshoe Realty, LLC v. Meah , 47 Misc 3d 127[A], 2015 NY Slip Op 50370[U] [App Term, 1st Dept 2015] ; Jones v. Jones , 43 Misc 3d 141[A], 2014 NY Slip Op 50842[U] [App Term, 1st Dept 2014] ). In the circumstances, the viability of this rent stabilized tenancy of more than thirty years' duration should not be determined on default.

  2. Westwood House LLC v. Javier

    64 Misc. 3d 979 (N.Y. Civ. Ct. 2019)

    "Whether there is a reasonable excuse for a default is a discretionary, sui generis determination to be made by the court based on all relevant factors, including the extent of the delay, whether there has been prejudice to the opposing party, whether there has been willfulness, and the strong public policy in favor of resolving cases on the merits" ( Harcztark v. Drive Variety, Inc. , 21 A.D.3d 876, 876-877, 800 N.Y.S.2d 613 [2nd Dept. 2005] ; I & I Jewelry Corp. v. Farinella , 63 Misc. 3d 126[A], 2019 WL 1234099 [App. Term 2019] ) [Court vacated default where litigant suffered from "mental infirmity."] ). Courts strongly prefer resolving disputes on the merits (seeHorseshoe Realty, LLC v. Meah , 47 Misc. 3d 127[A], 2015 WL 1400554 [App. Term 2015] ; Jones v. Jones , 43 Misc. 3d 141[A], 2014 WL 2462794 [App. Term 2014] ; Hoskie Co., Inc. v. Wu , 112 A.D.3d 497, 978 N.Y.S.2d 838 [1st Dept. 2013] ).