No Hearing Required Where Tenant Defaults

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ordered a hearing called an "inquest,'' during which landlord had to present its proof. Landlord then brought a separate court action against the judge to compel him to sign a default judgment against tenant without conducting an inquest. Landlord claimed that the judge had no authority to schedule an inquest following tenant's default in answering a nonpayment petition. The court ruled against landlord, and landlord appealed. Court: Landlord wins. It was judge's practice to hold an inquest in every case where landlords sought default judgments in nonpayment proceedings. Real Property Actions and Proceedings Law section 732 states that if tenant doesn't appear in court to answer a nonpayment petition within five days of service, shown by an affidavit of service, then the court shall rule for landlord. The law gives the court discretion only to delay the issuance of the eviction warrant. The routine use of inquests is time-consuming and inconsistent with the law's intent to streamline eviction proceedings. A tenant can always ask the court to vacate a default judgment that was improperly made.

Matter of Brusco: NYLJ, p. 22, col. 2 (12/9/93) (App. Div. 1 Dept.; Carro, JP, Ellerin, Rubin, Nardelli, JJ)