Landlord Can Vacate Default

August 31, 1998

LVT Number: 12607

Landlord sued to evict tenant for nonpayment of rent. Landlord didn't appear in court on the date of the trial, and the case was dismissed. Landlord later asked the court to vacate the default judgment. The appeals court ruled for landlord. Although landlord's excuse for not appearing in court on the trial date wasn't a very good one, landlord did appear to have a valid claim against tenant for over $16,000 in back rent. The case was put back on the court calendar on the condition that landlord pay tenant $1,500.

Landlord sued to evict tenant for nonpayment of rent. Landlord didn't appear in court on the date of the trial, and the case was dismissed. Landlord later asked the court to vacate the default judgment. The appeals court ruled for landlord. Although landlord's excuse for not appearing in court on the trial date wasn't a very good one, landlord did appear to have a valid claim against tenant for over $16,000 in back rent. The case was put back on the court calendar on the condition that landlord pay tenant $1,500.

ACB Realty Corp. v. Gaines: NYLJ, p. 27, col. 4 (8/10/98) (App. T. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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