Landlord Can Vacate Default

June 30, 1995

LVT Number: 9807

Tenants sued landlord to force correction of various violations resulting from a building fire. On the first court date, landlord asked for an adjournment. The court refused and ruled against landlord, based on its default. Landlord appealed and the appeals court ruled for landlord and reopened the case. It was an abuse of discretion for the trial court to rule that landlord had defaulted. Landlord wasn't given the opportunity to prepare a defense.

Tenants sued landlord to force correction of various violations resulting from a building fire. On the first court date, landlord asked for an adjournment. The court refused and ruled against landlord, based on its default. Landlord appealed and the appeals court ruled for landlord and reopened the case. It was an abuse of discretion for the trial court to rule that landlord had defaulted. Landlord wasn't given the opportunity to prepare a defense.

Gomez v. Branic International Realty Corp.: NYLJ, p. 29, col. 5 (6/9/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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