Tenant Can Vacate Default

April 1, 2003

LVT Number: 16462

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord asked the court to rule in its favor without a trial based on documentary proof. The court ruled for landlord based on tenant's failure to respond. Tenant then asked the court to vacate the default judgment. The court ruled for tenant. Landlord appealed and lost. Tenant's failure to respond to landlord's request that the court rule in its favor without a trial was due to law office failure and tenant had possible meritorious defenses.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord asked the court to rule in its favor without a trial based on documentary proof. The court ruled for landlord based on tenant's failure to respond. Tenant then asked the court to vacate the default judgment. The court ruled for tenant. Landlord appealed and lost. Tenant's failure to respond to landlord's request that the court rule in its favor without a trial was due to law office failure and tenant had possible meritorious defenses. And whether tenant's recent nonpayment was chronic and whether there were explanations for it were questions of fact that required a trial.

South Park Estates Co. v. Erwiah: NYLJ, 3/28/03, p. 20, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

Topics

More like this