Landlord Can Vacate Default

July 31, 1996

LVT Number: 10792

Tenant sued landlord to obtain repairs. Landlord didn't appear in court on the adjournment date. The court therefore ruled against landlord. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord unintentionally missed its court appearance by half an hour. Given the general policy of the courts to resolve cases on the merits, landlord should be given the opportunity to prove its claim that it couldn't afford to make the necessary structural repairs.

Tenant sued landlord to obtain repairs. Landlord didn't appear in court on the adjournment date. The court therefore ruled against landlord. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord unintentionally missed its court appearance by half an hour. Given the general policy of the courts to resolve cases on the merits, landlord should be given the opportunity to prove its claim that it couldn't afford to make the necessary structural repairs.

Rodriguez v. Hongford Realty Corp: NYLJ, p. 25, col. 4 (7/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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