Tenant Can Vacate Default

April 1, 1993

LVT Number: 6853

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord based on tenant's default. Tenant asked the court to vacate the order. The court refused, and tenant appealed. The appeals court reopened the case. Tenant had appeared in court on the appointed date, but arrived late. There were also conditions in her apartment requiring repairs, and the amount of money awarded to landlord was $1,500 more than her rent arrears. A trial was necessary.

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord based on tenant's default. Tenant asked the court to vacate the order. The court refused, and tenant appealed. The appeals court reopened the case. Tenant had appeared in court on the appointed date, but arrived late. There were also conditions in her apartment requiring repairs, and the amount of money awarded to landlord was $1,500 more than her rent arrears. A trial was necessary.

University Towers v. Godwin: NYLJ, p. 33, col. 1 (3/12/93) (App. T. 2 Dept.; Kassoff, PJ, Joy, Scholnick, JJ)

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