Default Judgment Against Tenant Vacated in Light of His Disabilities

Landlord sued to evict tenant for nuisance. The court ruled for landlord based on tenant’s failure to appear for trial. Tenant later asked the court to vacate the judgment. The court agreed, a new judgment was entered, and eviction was delayed for four months. Tenant then retained an attorney, who again sought to vacate the default judgment and any agreement between landlord and tenant. The court ruled against tenant, who appealed and won. Tenant was 20 years old, and still in high school based on several specified intellectual and emotional disabilities that might have affected his ability to make a thoughtful and informed decision in this case. His attorney also showed some proof that tenant had ceased the conduct that was the grounds for the nuisance claim. Tenant showed good cause to vacate the default judgment given his disabilities and that he had inadvertently and inadvisedly settled the case. 

East Harlem Pilot Block HDFC v. Green: 51 Misc.3d 148(A), 2016 NY Slip Op 50782(U) (App. T. 1 Dept.; 5/19/16; Lowe III, PJ, Hunter Jr., Ling-Cohan, JJ)