Default Judgment Overturned

June 30, 1994

LVT Number: 8904

Landlord sued to evict tenants for nonpayment of rent. The trial court dismissed the case because it conflicted directly with a DHCR order. But, despite the dismissal, the court entered a default judgment, awarding landlord possession of the apartment as well as use and occupancy. Tenants appealed, and the appeals court overturned the default judgment. Courts can't issue a judgment against one of the parties after they dismiss a case.

Landlord sued to evict tenants for nonpayment of rent. The trial court dismissed the case because it conflicted directly with a DHCR order. But, despite the dismissal, the court entered a default judgment, awarding landlord possession of the apartment as well as use and occupancy. Tenants appealed, and the appeals court overturned the default judgment. Courts can't issue a judgment against one of the parties after they dismiss a case.

Dale Glen Manor Company v. Ciotta: NYLJ, p. 33, col. 4 (6/28/94) (App. T. 2 Dept.; Kassoff, JP, Scholnick, Patterson, JJ)

Topics

More like this