Defaulting Tenant Can Vacate Money Judgment Only

February 8, 2012

LVT Number: #23919

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default and gave landlord a judgment of possession and a money judgment for $5,800. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and won in part. Landlord had requested $4,500 in its petition, but after the inquest, the court awarded landlord $5,800. It was a mistake for the court to award landlord more than what was requested in the petition. So the case was sent back for reconsideration of the money judgment only.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default and gave landlord a judgment of possession and a money judgment for $5,800. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and won in part. Landlord had requested $4,500 in its petition, but after the inquest, the court awarded landlord $5,800. It was a mistake for the court to award landlord more than what was requested in the petition. So the case was sent back for reconsideration of the money judgment only.

Mustafa v. Plein: 2012 NY Slip Op 50166(U), 2012 WL 331860 (App. T. 2 Dept.; 1/24/12; Golia, JP, Weston, Rios, JJ)

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