Court Finds Reasonable Excuse for Occupant's Default at Inquest

August 23, 2021

LVT Number: #31537

Landlord sued to evict an employee from an apartment in its building after her employment as a property manager was terminated. Landlord asked the court to grant a default judgment of possession since the employee failed to answer the eviction petition. The court ruled for landlord at an inquest where the employee didn't appear. But the employee then asked the court to vacate the judgment in landlord's favor because landlord had locked her out of the building and therefore barred her from getting her mail. So she never received notice of the court's inquest date.

Landlord sued to evict an employee from an apartment in its building after her employment as a property manager was terminated. Landlord asked the court to grant a default judgment of possession since the employee failed to answer the eviction petition. The court ruled for landlord at an inquest where the employee didn't appear. But the employee then asked the court to vacate the judgment in landlord's favor because landlord had locked her out of the building and therefore barred her from getting her mail. So she never received notice of the court's inquest date.

The court ruled for the employee, finding that she didn't receive actual notice of a November 2020 court date. So the employee had a reasonable excuse for her default. The prior interim order in landlord's favor was vacated.

PS Northeast LLC v. Brown: Index No. 0825-20, 2021 NY Slip Op 50605(U), NYLJ No. 162549006 (Westchester City Ct.; 6/16/21; Williams, J)

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