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Bethea v 258 W. 117th St. HDFC
2015 NY Slip Op 50372(U) [47 Misc 3d 127(A)]
Decided on March 27, 2015
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 27, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Ling-Cohan, JJ.
14-304

Stephanie Bethea, Petitioner-Tenant-Respondent,

against

258 West 117th Street HDFC, Respondent-Landlord-Appellant, -and- Department of Housing Preservation and Development of the City of New York, Respondent-Respondent.


Respondent-landlord appeals from an order of the Civil Court of the City of New York, New York County (Cheryl J. Gonzales, J.), dated November 12, 2013, which denied its motion to vacate a default judgment in a Housing Part enforcement proceeding.

Per Curiam.

Order (Cheryl J. Gonzales, J.), dated November 12, 2013, reversed, with $10 costs, motion granted, default judgment vacated, and 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]), and the harsh consequences the underlying judgment may have on respondent-landlord, a low-income HDFC, we favorably exercise our discretion to relieve respondent of its default in this Housing Part enforcement proceeding. The default does not appear to have been willful or deliberate, but rather the result of excusable law office failure. In addition, given the unresolved issues between the parties that may require further litigation, including whether petitioner-tenant had an affirmative proprietary leasehold obligation to correct the painting/plastering violations at issue and whether she will ultimately be liable for any repair expense incurred by respondent (see generally McMunn v Steppingstone Mgt. Corp., 131 Misc 2d 340 [1986]), "we conclude under the circumstances of this case that both fairness and judicial economy warrant the resolution of this case on the merits" (Evolution Impressions, Inc. v Lewandowski, 59 AD3d 1039, 1040 [2009]; see IGS Realty Co., L.P. v James Catering, Inc., 99 AD3d 528, 530 [2012]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: March 27, 2015