Eviction Warrant Void

November 1, 1999

LVT Number: 13676

Landlord sued to evict tenant. Tenant didn't appear in court. The court ruled for landlord, issuing a default judgment and an eviction warrant. Tenant appealed and won. Landlord's petition didn't state the reasons required for this type of eviction case. The petition stated only a claim for ejectment based on lease violations. So the city court didn't have the authority to rule on landlord's case, and the eviction warrant was void. Tenant was entitled to raise this issue even after the default judgment was entered and the eviction warrant issued.

Landlord sued to evict tenant. Tenant didn't appear in court. The court ruled for landlord, issuing a default judgment and an eviction warrant. Tenant appealed and won. Landlord's petition didn't state the reasons required for this type of eviction case. The petition stated only a claim for ejectment based on lease violations. So the city court didn't have the authority to rule on landlord's case, and the eviction warrant was void. Tenant was entitled to raise this issue even after the default judgment was entered and the eviction warrant issued.

Watervliet Housing Auth. v. Bell: 694 NYS2d 484 (1999) (App. Div.3 Dept.; Cardona, PJ, Crew, Yesawich, Peters, Graffeo, JJ)

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