Default Judgment and Eviction Warrant Against Incarcerated Tenant Vacated

Landlord sued to evict tenant based on tenant's failure to restore his discontinued Section 8 rent subsidy. The court ruled for landlord based on tenant's default.

Tenant appealed, and the case was reopened. Tenant's default wasn't willful, because tenant was in prison in Pennsylvania at the time of the court date. The lower court had attempted to arrange a teleconference with the imprisoned tenant, but this was unsuccessful through no fault of tenant's. The court also had appointed a guardian ad litem (GAL) for tenant but later vacated that appointment and entered the default judgment. Tenant promptly sought relief from the judgment upon release from prison and before the eviction warrant had been executed. The case was sent back to the housing court for further proceedings.

2001 Story LLC v. Saul: Index No. 570595/19, 2020 NY Slip Op 50395(U)(App. T. 1 Dept.; 4/9/20; Shulman, PJ, Edmead, Torres, JJ)