New Landlord Can't Vacate Order Appointing Administrator

Facts: Tenants sued landlord. They claimed that there were 76 building violations and sought appointment of a 7-A administrator. The court ruled for tenants based on landlord's failure to appear in court. A few months later, new landlord asked the court to vacate the default order. It claimed that it had a reasonable excuse for default and a meritorious defense. New landlord had bought the building a few weeks before the last court date, and claimed that it was ready and able to correct the building violations. Court: Landlord loses. New landlord wasn't the named owner in the case and didn't seek permission to intervene. Tenants properly delivered the court papers to the estate of prior landlord, which was the owner last registered with HPD. And landlord didn't show enough proof that it could make the needed repairs. Landlord's court papers didn't identify the individuals of Clay Street Realty, their backgrounds, or their experience in managing real estate. The papers also didn't state what repairs landlord was prepared to do, nor did they provide a timetable, the estimated cost, or the source of funding.

Davila v. 88 Clay Street: NYLJ, 7/13/05, p. 22, col. 1 (Civ. Ct. Kings; Marton, J)