Hearing Required Before Default Judgment Issued

June 30, 1997

LVT Number: 11567

New landlord sued to evict tenant of an illegal basement apartment. Tenant didn't appear in court, and landlord asked for a default judgment. The court ruled against landlord. Landlord sued tenant in Supreme Court, not Civil Court, so stricter rules regarding default judgments applied than those governing summary proceedings. Landlord's affidavit of service stated conclusions and hearsay rather than facts. Also, landlord's petition didn't prove that the basement apartment was occupied in violation of the building's C of O.

New landlord sued to evict tenant of an illegal basement apartment. Tenant didn't appear in court, and landlord asked for a default judgment. The court ruled against landlord. Landlord sued tenant in Supreme Court, not Civil Court, so stricter rules regarding default judgments applied than those governing summary proceedings. Landlord's affidavit of service stated conclusions and hearsay rather than facts. Also, landlord's petition didn't prove that the basement apartment was occupied in violation of the building's C of O. So a hearing was required to assess landlord's claim before judgment could be entered in landlord's favor.

S.J.P. Broadway Assocs. v. ``Smith'': NYLJ, p. 30, col. 1 (6/11/97) (Sup. Ct. NY; Schlesinger, J)

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