Horseshoe Realty, LLC v. Meah

• Decision Date: 26 March 2015
• Docket Number: No. 15–112.,15–112.
• Citation: 15 N.Y.S.3d 712 (Table)
• Parties: HORSESHOE REALTY, LLC, Petitioner–Landlord–Respondent, v. Jahed H. MEAH, Respondent–Tenant–Appellant, and Nima Yamini, “John Doe” and “Jane Doe,” Respondents.
• Court: New York Supreme Court — Appellate Term

15 N.Y.S.3d 712 (Table)

HORSESHOE REALTY, LLC, Petitioner–Landlord–Respondent

v. Jahed H. MEAH, Respondent–Tenant–AppellantandNima Yamini, “John Doe” and “Jane Doe,” Respondents.

No. 15–112.

Supreme Court, Appellate Term, First Department, New York.

March 26, 2015.

Opinion

PER CURIAM.

Order (Anne Katz, J.), dated June 17, 2014, reversed, without costs, motion granted, default final judgment vacated, and matter remanded to Civil Court for further proceedings on the holdover petition.

Considering the strong policy favoring resolution of cases on the merits (see Chevalier v. 368 E. 148th St. Assoc., LLC, 80 A.D.3d 411, 413–414 [2011] ), we favorably exercise our discretion to relieve the rent stabilized tenant of the default final judgment entered in this holdover summary proceeding. Tenant's brief, isolated nonappearance was neither willful nor intentional, and was not shown to have caused landlord any discernible prejudice. Tenant also demonstrated a meritorious defense to underlying holdover proceeding based upon allegations of profiteering in relation to an unauthorized sublet. In this regard, tenant alleged, inter alia, that the alleged subtenant, one Yamini, was not a subtenant, but a roommate who vacated after one month, and thus no cause of action for rent profiteering lies (see First Hudson Capital, LLC v. Seaborn, 54 A.D.3d 251 [2008] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.