Defaulting Tenant Restored to Possession Pending Appeal

Facts: Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant was evicted. Tenant then asked the court to reopen the case and restore her to possession. The court ruled against tenant. Tenant appealed and asked the appeals court to restore her to possession pending the outcome of her appeal. Court: The appeals court ruled for tenant. Tenant showed irreparable harm because she was made homeless by the eviction. Tenant also showed that she had an excuse for her default, since she held a job as a live-in aide and didn't get notice of the nonpayment case. Tenant also showed she had meritorious defenses, including payment or partial payment, delay by landlord in starting the case, illegal rent, and breach of the warranty of habitability. So tenant met the criteria for being restored to possession while her appeal was pending.

Brooklyn Properties, LLC v. Shade: NYLJ, 2/11/03, p. 23, col. 6 (App. T.1 Dept.; Patterson, JP, Golia, Rios, JJ)