Tenant Can Vacate Default

May 31, 2000

LVT Number: 14149

Landlord sued to evict tenant. The court granted landlord's request for pretrial questioning and document production from tenant. Landlord later asked the court to strike tenant's answer to the petition because tenant didn't comply with landlord's document demands. The court ruled for landlord. Tenant appealed and won. While tenant's prior attorney didn't comply with certain pretrial questioning demands, this wasn't so willful that it warranted striking of tenant's answer. However, the appeals court ruled for tenant on condition that tenant pay landlord $1,500 for costs.

Landlord sued to evict tenant. The court granted landlord's request for pretrial questioning and document production from tenant. Landlord later asked the court to strike tenant's answer to the petition because tenant didn't comply with landlord's document demands. The court ruled for landlord. Tenant appealed and won. While tenant's prior attorney didn't comply with certain pretrial questioning demands, this wasn't so willful that it warranted striking of tenant's answer. However, the appeals court ruled for tenant on condition that tenant pay landlord $1,500 for costs.

First Ave. LLC v. Jipa: NYLJ, 5/8/00, p. 24, col. 6 (App. T.1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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