Landlord Can Vacate Default

Tenant sued landlord for negligence, claiming that her child was injured by exposure to lead paint while living in an apartment rented from landlord. The court ruled for tenant based on landlord's failure to file an answer to the complaint. Landlord later asked the court to vacate the default. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord had a reasonable excuse for the default. Landlord had given notice of the claim to its insurance carrier on time, and there was correspondence indicating their intent to file an answer in opposition to the complaint. Landlord also had a meritorious defense. No lead paint violation had ever been issued against the building, so landlord had no reason to suspect there was a hazardous condition. Landlord claimed that it didn't know a child lived in the apartment during the time tenant was there.

Sanford v. 27-29 W. 181st St. Assn.: NYLJ, 1/3/03, p. 22, col. 1 (App. Div.1 Dept.; Tom, JP, Andrias, Saxe, Rubin, Friedman, JJ)