Default Judgment Vacated

November 1, 1994

LVT Number: 9258

North Tarrytown landlord sued tenant, and the court ruled for landlord based on tenant's default. Tenant asked the court to vacate the default, and it refused. Tenant appealed, arguing that her lawyer thought that the case was on the court calendar for the sole purpose of submitting tenant's court papers. Tenant argued that there'd been a misunderstanding about the court calendar, and that landlord was suing the wrong person. The appeals court ruled for tenant. The attorney had an excuse for not appearing. And tenant's claim that landlord had sued the wrong party was never heard.

North Tarrytown landlord sued tenant, and the court ruled for landlord based on tenant's default. Tenant asked the court to vacate the default, and it refused. Tenant appealed, arguing that her lawyer thought that the case was on the court calendar for the sole purpose of submitting tenant's court papers. Tenant argued that there'd been a misunderstanding about the court calendar, and that landlord was suing the wrong person. The appeals court ruled for tenant. The attorney had an excuse for not appearing. And tenant's claim that landlord had sued the wrong party was never heard. But tenant must pay $250 in costs to landlord.

Bueti v. Carpenter: NYLJ, p. 26, col. 6 (10/12/94) (App. T. 10 Dept.; DiPaola, JP, Collins, Ingrassia, JJ)

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