Judgment Against Tenant Vacated

February 1, 1994

LVT Number: 8568

White Plains landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord. Tenant asked the court to vacate the judgment. The court refused, and tenant appealed. The appeals court ruled for tenant. The trial court had ruled for landlord based on a supposed agreement between landlord and tenant. But no such agreement was in the court record, and it appeared that tenant had actually lost the case for not appearing in court. The appeals court sent the case back for a new trial.

White Plains landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord. Tenant asked the court to vacate the judgment. The court refused, and tenant appealed. The appeals court ruled for tenant. The trial court had ruled for landlord based on a supposed agreement between landlord and tenant. But no such agreement was in the court record, and it appeared that tenant had actually lost the case for not appearing in court. The appeals court sent the case back for a new trial.

Didyoung v. Ajoku: NYLJ, p. 29, col. 1 (1/7/94) (App. T. 2 Dept.; DiPaola, PJ, Ingrassia, Luciano, JJ)

Topics

More like this