Tenant Can Vacate Default

August 31, 1996

LVT Number: 10853

Landlord sued to evict tenants husband and wife for nonpayment of rent. The court ruled against tenant wife based on her failure to appear in court. Tenant asked the court to vacate the default, and the court ruled for tenant. Landlord appealed. The appeals court ruled against landlord. Tenant reasonably relied on her attorney husband, from whom she was separated, to represent her in court in this matter. In prior related proceedings, tenants had both been represented by the same attorney, even though they were separated.

Landlord sued to evict tenants husband and wife for nonpayment of rent. The court ruled against tenant wife based on her failure to appear in court. Tenant asked the court to vacate the default, and the court ruled for tenant. Landlord appealed. The appeals court ruled against landlord. Tenant reasonably relied on her attorney husband, from whom she was separated, to represent her in court in this matter. In prior related proceedings, tenants had both been represented by the same attorney, even though they were separated.

Fame Company & Mgt. Co. v. Slochowsky: NYLJ, p. 21, col. 2 (8/22/96) (App. T. 1 Dept.; Ostrau, JP, Freedman, Davis, JJ)

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