Hearing on Service Required

January 1, 1993

LVT Number: 6630

Landlord sued to evict tenant. Tenant failed to appear in court and the court entered a default judgment for landlord. Tenant then asked the court to vacate the default judgment. The court refused, and tenant appealed. The appeals court sent the case back for a hearing on whether tenant was actually served with landlord's petition. Since tenant signed a sworn statement claiming that she was never served, she was entitled to a hearing.

Landlord sued to evict tenant. Tenant failed to appear in court and the court entered a default judgment for landlord. Tenant then asked the court to vacate the default judgment. The court refused, and tenant appealed. The appeals court sent the case back for a hearing on whether tenant was actually served with landlord's petition. Since tenant signed a sworn statement claiming that she was never served, she was entitled to a hearing.

[Muller v. Beckles: NYLJ, p. 32, col. 1 (12/3/92) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Joy, JJ)].

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