Evicted Tenant Waited Too Long to Seek Restoration

(Decision submitted by Manhattan attorney Eileen O'Toole, who represented the landlord.) Landlord sued to evict tenant who failed to return to apartment after a two-year disappearance to China in late 2003. The court ruled for landlord based on tenant's default, and tenant was evicted in early 2006. Shortly thereafter, tenant's attorney sought to set aside the default. The court ruled against tenant but gave tenant permission to renew her request. Tenant didn't come back to court for two years. At that point, in 2008, tenant again asked the court to vacate the default and to restore her to possession. Tenant claimed that she had remained in China from late 2003 until late 2007 because she was injured in an accident in China. The court ruled against tenant. Tenant waited too long, and new tenants had lived in the apartment for two years.

St. Margaret's House HDFC v. Dang: Index No. 104422/05 (7/17/08) (Civ. Ct. NY; Lebovits, J) [1-pg. doc.]