Evicted Tenant Can't Vacate Judgment

April 30, 1993

LVT Number: 6944

Landlord sued to evict tenant. The trial court ruled for landlord. A year later, after eviction, tenant asked the court to vacate the judgment, and the court refused. Tenant appealed. The appeals court found no reason to vacate the judgment. Tenant claimed that landlord didn't serve certain notices before suing to evict, but tenant didn't raise this issue at trial. Even if tenant had raised this issue at trial, the defects were such that landlord could've amended his pleadings.

Landlord sued to evict tenant. The trial court ruled for landlord. A year later, after eviction, tenant asked the court to vacate the judgment, and the court refused. Tenant appealed. The appeals court found no reason to vacate the judgment. Tenant claimed that landlord didn't serve certain notices before suing to evict, but tenant didn't raise this issue at trial. Even if tenant had raised this issue at trial, the defects were such that landlord could've amended his pleadings.

Mehta v. Karrow: NYLJ, p. 23, col. 4 (4/8/93) (App. T. 1 Dept.; Ostrau, PJ, Parness, Miller, JJ)

Topics

More like this