Landlord Can't Vacate Default

March 1, 1996

LVT Number: 10411

Rent-controlled tenant sued landlord to recover money landlord agreed to pay tenant when he moved out. The court first ruled that landlord owed tenant the money and then held a hearing to determine whether tenant had really moved out. Landlord didn't appear at the hearing. The court ruled for tenant and awarded him $25,000. Landlord asked the court to vacate the default judgment. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord didn't present facts that would have changed the lower court's decision.

Rent-controlled tenant sued landlord to recover money landlord agreed to pay tenant when he moved out. The court first ruled that landlord owed tenant the money and then held a hearing to determine whether tenant had really moved out. Landlord didn't appear at the hearing. The court ruled for tenant and awarded him $25,000. Landlord asked the court to vacate the default judgment. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord didn't present facts that would have changed the lower court's decision. Tenant proved that landlord owed him more than $25,000. He was awarded only $25,000 because that was the limit that the civil court was authorized by law to award.

Gertz v. Pfister: NYLJ, p. 32, col. 4 (2/13/96) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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