Eviction Warrant Vacated

May 31, 1995

LVT Number: 9786

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord based on tenant's default. Tenant subsequently asked the court to vacate the eviction warrant. The court ruled against tenant and tenant appealed. The appeals court reversed and reopened the case. Tenant's supposed default was based on landlord's claim that he breached a prior settlement stipulation. Tenant should have gotten reasonable notice of her attorney's application to withdraw from the case following tenant's absence at the start of the trial.

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord based on tenant's default. Tenant subsequently asked the court to vacate the eviction warrant. The court ruled against tenant and tenant appealed. The appeals court reversed and reopened the case. Tenant's supposed default was based on landlord's claim that he breached a prior settlement stipulation. Tenant should have gotten reasonable notice of her attorney's application to withdraw from the case following tenant's absence at the start of the trial. Tenant didn't have a fair chance to challenge landlord's case with full benefit of counsel. A new trial was needed.

Garfield v. Perez: NYLJ, p. 25, col. 3 (5/31/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

Topics

More like this