Tenant Can Vacate Default

April 30, 2001

LVT Number: 14946

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default. The court ruled against tenant, and tenant appealed. The appeals court reopened the case. Tenant's claim that he didn't get the notice restoring the case to the court calendar was credible, since he had appeared at all other times. Tenant also had a valid partial defense. He claimed he had been a building employee who didn't pay rent for part of the period that landlord claimed rent for.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default. The court ruled against tenant, and tenant appealed. The appeals court reopened the case. Tenant's claim that he didn't get the notice restoring the case to the court calendar was credible, since he had appeared at all other times. Tenant also had a valid partial defense. He claimed he had been a building employee who didn't pay rent for part of the period that landlord claimed rent for.

Alphonse Hotel Corp. v. Sayegrih: NYLJ, 4/16/01, p. 24, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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