Hearing Required on Whether Tenant's Default Was Excusable

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. On the day of eviction, tenant asked the court to vacate the default judgment. She claimed that she didn't receive notice of the court case. She also claimed that she had paid all rent due, that landlord was overcharging her, and that there were conditions in the apartment warranting a finding of breach of the warranty of habitability. The court ruled against tenant. Tenant appealed and won. Tenant admitted that she worked outside her apartment as a live-in aide and so didn't know if the papers were properly delivered by conspicuous place service. But a hearing was required on whether tenant received the court papers, whether landlord delayed too long before bringing the case, and whether there was a breach of the warranty of habitability.

Brooklyn Properties v. Shade: NYLJ, 5/19/04, p. 26, col. 2 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)