Landlord Can Vacate Default

May 31, 1993

LVT Number: 7017

Landlord sued to evict tenants. Landlord didn't appear on the adjourned court date, and a default judgment was entered for tenants. The trial court denied landlord's request to vacate the default judgment, and landlord appealed. The appeals court found that landlord's default wasn't willful. Landlord promptly asked to vacate the default and didn't intend to abandon the proceeding. Landlord's case also had merit. Landlord's petitions were reinstated, and the case sent back for trial.

Landlord sued to evict tenants. Landlord didn't appear on the adjourned court date, and a default judgment was entered for tenants. The trial court denied landlord's request to vacate the default judgment, and landlord appealed. The appeals court found that landlord's default wasn't willful. Landlord promptly asked to vacate the default and didn't intend to abandon the proceeding. Landlord's case also had merit. Landlord's petitions were reinstated, and the case sent back for trial.

SMZH 73rd Associates v. Wolf: NYLJ, p. 28, col. 6 (5/20/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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