Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

LONDON TERRACE ASSOCIATES, pet-land-app, v. MATHEA C. RUBIN, res-tent-res, -AND- ELLIOT MILLET AND OLIVIA MILLET, res-res

16-528. LONDON TERRACE ASSOCIATES, pet-land-app, v. MATHEA C. RUBIN, res-tent-res, -AND- ELLIOT MILLET AND OLIVIA MILLET, res-res — Order (Jack Stoller, J.), dated August 29, 2016, affirmed, with $10 costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

16-528. LONDON TERRACE ASSOCIATES, pet-land-app, v. MATHEA C. RUBIN, res-tent-res, -AND- ELLIOT MILLET AND OLIVIA MILLET, res-res — Order (Jack Stoller, J.), dated August 29, 2016, affirmed, with $10 costs.

Civil Court providently exercised its discretion and for good cause vacated the default final judgment entered upon tenant’s failure to pay use and occupancy, pendente lite, pursuant to the parties’ interim stipulation in this holdover summary proceeding (see Harvey 1390 LLC v. Bodenheim, 96 AD3d 664 [2012]). Tenant’s failure to timely pay use and occupancy was neither willful nor intentional, tenant has subsequently obtained funds sufficient to pay the amount owed, and the record shows that tenant has a potentially meritorious defense to the claims of nonprimary residence (see generally Okumus v. Living Room Steak House, Inc., 112 AD3d 799, 799-800 [2013]). Under these circumstances, and in view of the public policy in favor of resolving disputes on the merits, we find no cause to disturb the motion court’s discretionary determination.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
Senior Associate - Boutique -A&D (NYC)

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Go to Lawjobs