Landlord Can Vacate Default

January 1, 1999

LVT Number: 12906

Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case when landlord's attorney didn't appear in court on the day the case was scheduled to be heard. Landlord appealed and asked the court to vacate the default judgment. The appeals court ruled for landlord. The failure of landlord's attorney to appear in court wasn't intentional, and landlord had a valid claim against tenant for $6,000 in back rent. The default judgment was vacated on the condition that landlord pay tenant $250 as compensation for the delay and inconvenience.

Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case when landlord's attorney didn't appear in court on the day the case was scheduled to be heard. Landlord appealed and asked the court to vacate the default judgment. The appeals court ruled for landlord. The failure of landlord's attorney to appear in court wasn't intentional, and landlord had a valid claim against tenant for $6,000 in back rent. The default judgment was vacated on the condition that landlord pay tenant $250 as compensation for the delay and inconvenience.

Gerwin v. Singleton: NYLJ, p. 25, col. 2 (12/1/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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