Court Excuses Landlord's Default in Eviction Proceeding

December 20, 2016

LVT Number: #27426

Landlord sued to evict rent-stabilized tenant’s grandson after tenant died. The court dismissed the case based on landlord’s failure to appear in court. Landlord later asked the court to excuse its default, which it claimed was caused by its attorney’s inadvertent miscalendaring of the scheduled court date. The court ruled for landlord. Tenant appealed and lost. Landlord had promptly moved to vacate the default, which was based on law office failure, and there was no showing of prejudice to the occupant.

Landlord sued to evict rent-stabilized tenant’s grandson after tenant died. The court dismissed the case based on landlord’s failure to appear in court. Landlord later asked the court to excuse its default, which it claimed was caused by its attorney’s inadvertent miscalendaring of the scheduled court date. The court ruled for landlord. Tenant appealed and lost. Landlord had promptly moved to vacate the default, which was based on law office failure, and there was no showing of prejudice to the occupant. There was no support for occupant’s claim that landlord’s default was willful or part of a pattern of delay. And the succession claim required a trial and should be decided on the merits.

 

 

 

75 Fort Washington, LLC v. Polanco: 53 Misc.3d 151(A), 2016 NY Slip Op 51695(U) (App. T. 1 Dept.; 11/30/16; Schoenfeld, JP, Shulman, Gonzalez, JJ)

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