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109th Affordable Housing L.L.C. v. Beck

Nonpayment Proceeding Unenforceable During Month-to-Month Tenancy

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Recitation as required by CPLR 2219 (a), of the papers considered in review of this motion by NYCEF Doc No. 10-28. DECISION AND ORDER This is a summary eviction proceeding predicated upon respondent’s failure to pay rent due under a “WRITTEN lease agreement wherein respondents promised to pay to landlord or landlord(s) predecessor as rent $1,975.00 each month in advance on the 1ST day of each month.” (NYSCEF Doc No. 1, petition 2.) The premises are pleaded as exempt from any form of rent regulation. (Id. 7.) Service of the notice of petition and petition was completed on July 31, 2024. (NYSCEF Doc No. 3, affidavit of service; Real Property Actions and Proceedings Law (“RPAPL”) §735 [2] [b].) Respondents failed to answer the petition or otherwise appear in court, and a default judgment and warrant were issued.1 Upon receipt of a marshal’s notice of eviction, respondent filed an order to show cause to stay execution of the warrant of eviction. (NYSCEF Doc No. 8, order to show cause [sequence 1].) Subsequently, respondent retained Manhattan Legal Services. Respondent then moved to vacate the default judgment and to serve and file an amended answer asserting as his first defense “lack of lease.” (NYSCEF Doc No. 10, notice of motion [sequence 2]; NYSCEF Doc No. 14, proposed amended verified answer

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