Defaulting Tenant Gets New Trial

February 1, 2006

LVT Number: 18639

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant then asked the court to vacate the default and to restore him to possession. The court ruled against tenant, and he appealed. The appeals court ruled against tenant, but sent the case back for trial to consider the facts. The nonpayment case had been delayed four times at landlord's request. Tenant didn't appear on the last scheduled date, but showed that he was ill and in the hospital on that date. So he had a reasonable excuse for not appearing.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant then asked the court to vacate the default and to restore him to possession. The court ruled against tenant, and he appealed. The appeals court ruled against tenant, but sent the case back for trial to consider the facts. The nonpayment case had been delayed four times at landlord's request. Tenant didn't appear on the last scheduled date, but showed that he was ill and in the hospital on that date. So he had a reasonable excuse for not appearing. Tenant also showed that he might have a meritorious defense to the nonpayment claim. He claimed that a DHCR rent reduction order was in effect, which made his legal rent lower than the amount landlord claimed was due and owing.

1397 East 2nd LLC v. Jackson: NYLJ, 1/5/06, p. 26, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Belen, JJ)

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