Court Vacates Default Judgment Against Imprisoned Tenant

Landlord sued to evict rent-controlled tenant for unauthorized subletting. The court ruled for landlord based on tenant’s failure to appear in court. The court later granted tenant’s request to vacate the default judgment. Landlord appealed and lost. Tenant showed a reasonable excuse for his default since he was incarcerated when the case was started and demonstrated that he made efforts to respond while in prison. Tenant also showed a potentially meritorious defense to landlord’s illegal sublet claim. And tenant had lived in the apartment for 50 years. The case was sent back to the lower court for a determination on the merits.

46 Downing Street LLC v. Thompson: 44 Misc.3d 143(A), 2014 NY Slip Op 51401(U) (App. T. 1 Dept.; 9/22/14; Schoenfeld, JP, Shulman, Ling-Cohen, JJ)