Co-op Shareholder Tenant Restored to Possession After Eviction

Landlord sued to evict cooperative apartment tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted after she failed to appear in court. Tenant then asked the court to vacate the judgment of possession and eviction warrant, and to restore her to possession. The court ruled against tenant, who appealed and won. The appeals court refused to vacate the default judgment of possession for landlord because tenant failed to show a reasonable excuse for her default or a potentially meritorious defense. However, given tenant’s long-term tenancy and her showing that, prior to eviction, she had money available to pay her maintenance arrears and an excuse for not paying on time, tenant showed good cause to vacate the eviction warrant. Landlord must restore tenant to possession upon payment of arrears.

Birchwood Court Owners, Inc. v. Toner: Index No. 2015-70, NYLJ No. 1202755055534 (App. T. 2 Dept.; 4/15/16; Marano, PJ, Tolbert, Garguilo, JJ)