New Hearing Required in Wrongful Eviction Case

Facts: Landlord sued to evict tenant for illegally having a dog in her apartment. Tenant didn't appear in court, and the court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. Tenant didn't appear on the adjourned court date on that issue, and the court ruled for landlord. Tenant was evicted, and a new tenant moved in. Tenant then came back, supposedly from a seven-week trip, and claimed that her request to vacate the default judgment was supposed to be heard by the court in May---not in March when she'd been found in default. The court vacated the default judgment and ruled that tenant be restored to possession. Since tenant had already moved into a new apartment, she was awarded damages totaling over $60,000. Landlord appealed. Court: The case was reopened and sent back for a hearing on whether the default should have been vacated. The trial court didn't question tenant's claim that the motion to vacate the default was supposed to be heard by the court at a later date. The trial court's records weren't clear; a hearing was needed to determine the facts. Also, the court had incorrectly calculated the amount of damages that tenant could recover if the default judgment was ultimately vacated.

Winterset Realty Inc. v. Sonsky: NYLJ, p. 27, col. 3 (5/19/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)