Landlord Can't Vacate Default

July 31, 1993

LVT Number: 8076

Tenants sued landlord for rent overcharge, trespass, and unfair business practices. Landlord didn't appear in court. The court ruled for tenants based on landlord's default. Some time later, when an order was issued authorizing the sale of landlord's co-op apartment, landlord asked the court to vacate the default. The trial court agreed to this, and tenants appealed. The appeals court ruled for tenants. There was no justification for landlord's refusal to do anything for 1-1/2 years in response to the case.

Tenants sued landlord for rent overcharge, trespass, and unfair business practices. Landlord didn't appear in court. The court ruled for tenants based on landlord's default. Some time later, when an order was issued authorizing the sale of landlord's co-op apartment, landlord asked the court to vacate the default. The trial court agreed to this, and tenants appealed. The appeals court ruled for tenants. There was no justification for landlord's refusal to do anything for 1-1/2 years in response to the case.

McCaffrey v. Persuad: NYLJ, p. 24, col. 5 (7/15/93) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Milonas, Kupferman, Kassal, JJ)

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