Landlord Didn't Send Written Notice to Tenant

December 1, 2002

LVT Number: 16232

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Landlord asked the court for a judgment after tenant defaulted under the agreement. The court ruled for landlord. Tenant then asked the court to vacate the judgment, claiming that he didn't get written notice of the judgment before it was entered. The court ruled against tenant. Tenant appealed and won. The settlement agreement stated that tenant would get 8 days' written notice before a judgment would be entered for default. Tenant swore that he didn't receive any notice.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Landlord asked the court for a judgment after tenant defaulted under the agreement. The court ruled for landlord. Tenant then asked the court to vacate the judgment, claiming that he didn't get written notice of the judgment before it was entered. The court ruled against tenant. Tenant appealed and won. The settlement agreement stated that tenant would get 8 days' written notice before a judgment would be entered for default. Tenant swore that he didn't receive any notice. So the court vacated the judgment.

Fairbanks Assocs. v. Jackson: NYLJ, 11/13/02, p. 19, col. 3 (App. T.2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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