Default Judgment Against Tenant Should Have Been Vacated Unconditionally
LVT Number: #30195
Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. The court later granted tenant's request to vacate the default judgment on condition that tenant pay over $18,000 in rent arrears. The court denied tenant's subsequent request for a stay pending appeal. The appeals court ruled for tenant, finding that the default judgment against tenant should have been vacated unconditionally. The default resulted after tenant's prior attorney was suspended from the practice of law. This resulted in an automatic stay of the eviction proceeding until 30 days after landlord sent tenant a notice to appoint another attorney. Landlord never served the notice. And the court's order adjourning the matter for tenant to retain new counsel wasn't proper notice to appoint another attorney. Tenant's new attorney was unable to appear for trial on the court's next date, and the court defaulted tenant. Since this default was obtained without compliance with CPLR 321(c), it should have been vacated unconditionally.
CJK Real Estate LLC v. McGrath: Index No. 570046/18, 2019 NY Slip Op 50594(U), NYLJ No. 1556608418 (App. T. 1 Dept.; 4/24/19; Ling-Cohan, PJ, Gonzalez, Cooper, JJ)