Default Judgment Vacated

August 31, 2005

LVT Number: 18295

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment and lift a $5,000 restraint on his bank account funds. The court ruled for tenant in part, giving tenant access to his bank funds. Landlord appealed. While landlord's appeal was pending, the lower court vacated the default judgment based on landlord's consent. So the appeals court dismissed landlord's appeal. If landlord wanted to pursue the appeal, it would first have to ask the lower court to vacate its order regarding the default judgment.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment and lift a $5,000 restraint on his bank account funds. The court ruled for tenant in part, giving tenant access to his bank funds. Landlord appealed. While landlord's appeal was pending, the lower court vacated the default judgment based on landlord's consent. So the appeals court dismissed landlord's appeal. If landlord wanted to pursue the appeal, it would first have to ask the lower court to vacate its order regarding the default judgment.

341 E. 19th St. Realty v. Sylvester: NYLJ, 8/25/05, p. 32, col. 2 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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