Legal Opinion
East Harlem Pilot Block Building 1 Housing Development Fund Corp. v. Serrano
Civil Court of the City of New York
Decided March 9, 1992PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
In this summary nonpayment proceeding, petitioner landlord seeks a final judgment of possession on default. This application must be denied, notwithstanding the absence of opposition.
It is the reason for the tenant’s default which makes this application so disturbing: review of the submitted papers reveals that the respondent tenant was apparently dead at the time this proceeding was purportedly commenced.
An application for a final judgment upon a respondent’s nonappearance is not a request for the performance of a ministerial act. A movant is not…
2Cases cited11 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- In re the Estate of PiccioneNew York Court of Appeals · 1982
- Joosten v. GaleAppellate Division of the Supreme Court of the State of New York · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Poulakas v. OrtizCivil Court of the City of New York · 2009
- Heritage East-West, LLC v. ChungCivil Court of the City of New York · 2004
- Matter of Foreclosure of Tax Liens v. GoldmanAppellate Division of the Supreme Court of the State of New York · 2018