Court Refuses to Vacate Final Judgment After Trial for Nonpayment

August 31, 2010

LVT Number: #22852

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he didn’t owe the rent claimed due to a breach of warranty of habitability and constructive eviction. The court ruled for landlord after a trial, finding that tenant didn’t prove any of his claims. After the trial was over but before a judgment of possession was entered for landlord, tenant tendered the back rent owed. Tenant then asked the court to vacate the judgment. The court ruled against tenant, who appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he didn’t owe the rent claimed due to a breach of warranty of habitability and constructive eviction. The court ruled for landlord after a trial, finding that tenant didn’t prove any of his claims. After the trial was over but before a judgment of possession was entered for landlord, tenant tendered the back rent owed. Tenant then asked the court to vacate the judgment. The court ruled against tenant, who appealed and lost. Tenant’s payment, if made, wasn’t timely, and tenant merely claimed that he had made the payment in a letter sent to the court with a copy of his check. The court correctly entered judgment for landlord.

Kew Gardens Realty Co. v. Bank: NYLJ, 8/11/10, p. 30, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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