ROCK PARK REALTY LLC v. McDonald

In this licensee holdover, the tenant, who was evicted after a default judgment, filed a post-eviction Order to Show Cause seeking restoration. The court granted the tenant's motion, vacating the default judgment and warrant, and restoring the tenant to possession. The court found a reasonable excuse for the default based on the tenant not receiving notice, applying a totality of the circumstances analysis for CPLR § 5015(a)(1). A potentially meritorious defense of succession rights was also established. The decision emphasized the court's preference for deciding matters on their merits rather than by default.