Landlord Didn't Answer Tenant's Claim for Property Damage After Illegal Lockout

Tenant sued landlord in 2001 for value of lost and damaged property after landlord had illegally locked tenant out of the apartment and retained tenant's possessions. Landlord never answered tenant's court complaint. In 2006, the court ruled for tenant based on landlord's default. Landlord appealed and lost. Landlord showed no reasonable excuse for its default. Landlord also had a pattern of default. Landlord didn't notify its insurance company about tenant's court claim until 2004. The insurer notified landlord in 2004 and 2005 that it wouldn't represent landlord to defend against tenant's claim, because landlord's notification was untimely. Landlord took no further action until it received the default judgment two years later.

McCloud v. Frisben Realty Corp.: NYLJ, 3/7/07, p. 20, col. 1 (Civ. Ct. Queens; Dufficy, J)