Landlord's Default Vacated in HP Proceeding

April 23, 2015

LVT Number: #26128

Co-op shareholder tenant sued landlord cooperative corporation in housing court, seeking certain repairs. The court ruled for tenant based on landlord's failure to appear. Landlord later asked the court to vacate the default judgment. The court ruled against landlord, who appealed and won. Landlord's default wasn't willful or deliberate but the result of excusable law office failure. And the unresolved issues should be decided on the merits.

Co-op shareholder tenant sued landlord cooperative corporation in housing court, seeking certain repairs. The court ruled for tenant based on landlord's failure to appear. Landlord later asked the court to vacate the default judgment. The court ruled against landlord, who appealed and won. Landlord's default wasn't willful or deliberate but the result of excusable law office failure. And the unresolved issues should be decided on the merits. Landord claimed that tenant had an obligation to correct painting and plastering violations in the apartment and may ultimately be responsible for any expense to landlord for making repairs.

Bethea v. 258 West 117t Street HDFC: 47 Misc.3d 127(A), 2015 NY Slip Op 50372(U) (App. T. 1 Dept.; 3/27/15; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

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