Tenant Can Vacate Default

August 31, 1996

LVT Number: 10855

Landlord sued to evict tenant. Landlord and tenant entered into an agreement, which tenant later didn't comply with. Landlord asked the court to go forward with the eviction. The court ruled for landlord based on tenant's not appearing in court. Tenant later asked the court to vacate the judgment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant's default resulted from her attorney's misconduct and not through any willfulness on tenant's part.

Landlord sued to evict tenant. Landlord and tenant entered into an agreement, which tenant later didn't comply with. Landlord asked the court to go forward with the eviction. The court ruled for landlord based on tenant's not appearing in court. Tenant later asked the court to vacate the judgment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant's default resulted from her attorney's misconduct and not through any willfulness on tenant's part. Given that fact and the fact that there was a genuine issue concerning tenant's compliance with the ac- cess provisions of the agreement, it was appropriate to vacate the default judgment.

Duell v. Wolkstein: NYLJ, p. 21, col. 5 (8/30/96) (App. T 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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