Court Vacates Default Judgment Against Landlord in Illegal Lockout Case

August 23, 2021

LVT Number: #31540

Tenant sued landlord, claiming that landlord illegally evicted him, and sought to be restored to possession. The court ruled for tenant after landlord failed to answer tenant's court petition or to appear for trial. Landlord quickly asked the court to vacate the default judgment and to dismiss the case for lack of personal jurisdiction. The court ruled against landlord, who appealed and won in part. Landlord didn't show any lack of personal jurisdiction that called for vacating the default judgment or dismissing the case.

Tenant sued landlord, claiming that landlord illegally evicted him, and sought to be restored to possession. The court ruled for tenant after landlord failed to answer tenant's court petition or to appear for trial. Landlord quickly asked the court to vacate the default judgment and to dismiss the case for lack of personal jurisdiction. The court ruled against landlord, who appealed and won in part. Landlord didn't show any lack of personal jurisdiction that called for vacating the default judgment or dismissing the case. But landlord showed a reasonable excuse for its default and the existence of a potentially meritorious defense. So the appeals court vacated the default judgment.

Perez v. Glenmore Ave. Mgmt. Inc.: Index No. 2019-13KC, 2021 NY Slip Op 50593(U), NYLJ No. 1626042542 (App. T. 2 Dept.; 6/25/21; Aliotta, JP, Elliot, Toussaint, JJ)

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