Error in Court's Decision

Landlord sued tenant for back rent and other damages. The court ruled for landlord, awarding $3,600 for rent and use and occupancy, and $1,100 for damage to the apartment. The court's decision stated that it was made ''after inquest.'' Tenant asked the court to vacate the default judgment against her, saying that she had gotten no notice of the court's decision and that she had appeared for trial and didn't owe the money. The court treated tenant's request as a request to reargue and ruled against tenant. The court said there was no mistake of fact or law in its order. Tenant appealed. The appeals court ruled for tenant in part. The court's decision was issued after a trial, not an inquest. So tenant's request should be treated as a request to vacate a default judgment. But since there was no default, the appeals court denied tenant's request. Tenant was free to raise any issues through a proper appeal.

Hempstead Plaza-Madison v. Brown: NYLJ, 7/12/06, p. 33, col. 6 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Golia, JJ)