Money Judgment Vacated

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in 1993. Tenant was evicted, and landlord was awarded a money judgment of $1,600. In 1995 tenant asked the court to vacate the money judgment. Tenant's case had been heard in court by Judge Arthur Scott, who was fired as a housing court judge and indicted in 1995 for many instances of misconduct. Judge Scott's assistant, Euclid Watson, had appeared at tenant's apartment several times with landlord while tenant's case was pending and demanded money. Watson told tenant at different times that he was a marshal or that he was landlord's attorney. Watson was in fact neither and had no legitimate role in representing landlord. And the money judgment rendered in landlord's favor was for twice the amount of back rent owed. The court ruled for tenant and vacated the money judgment. Tenant didn't have a full opportunity to contest the amount due; the amount of the judgment wasn't supported by any documents; Watson's criminal actions were taken to influence the outcome of the case; and they were taken with landlord's knowledge and consent.

Zorda Development v. Jean: NYLJ, p. 32, col. 6 (12/8/95) (Civ. Ct. NY; Gische, J)