Landlord Gets Judgment of Possession in Pre-COVID Proceeding

October 27, 2021

LVT Number: #31658

Landlord sued to evict tenant for nonpayment of rent in 2019. In March 2021, after a period where the case was suspended during the COVID-19 pandemic, landlord sought to restore the case to the court's calendar and requested a default judgment. The court ruled for landlord in part. Landlord was entitled to a judgment of possession based on tenant's default since a lease was in effect when the court case was commenced and the rents were due when the case started and at the time of the court's hearing.

Landlord sued to evict tenant for nonpayment of rent in 2019. In March 2021, after a period where the case was suspended during the COVID-19 pandemic, landlord sought to restore the case to the court's calendar and requested a default judgment. The court ruled for landlord in part. Landlord was entitled to a judgment of possession based on tenant's default since a lease was in effect when the court case was commenced and the rents were due when the case started and at the time of the court's hearing. Landlord wasn't entitled to a money judgment because tenant didn't appear in court or answer the petition, and landlord didn't prove that services of its court papers complied with the CPLR's due diligence standards. 

Jamaica Seven LLC v. Douglas: Index No. L&T 73780/19, 2021 NY Slip Op 21264 (Civ. Ct. Queens; 9/30/21; Guthrie, J)

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