Tenant Can Vacate Default

January 1, 1998

LVT Number: 12020

Landlord sued to evict tenants for an unauthorized removal of a wall inside the apartment. The court ruled for landlord based on tenants' failure to appear in court. Tenants soon after asked the court to vacate the default judgment. The court ruled against tenants, and tenants appealed. The appeals court reversed and ruled for tenants. Tenants had appeared in court on at least one prior occasion. Their attorney's default in appearing on a subsequent date was brief, and tenants claimed they had a defense to landlord's claim. The court sent the case back for a trial on the merits.

Landlord sued to evict tenants for an unauthorized removal of a wall inside the apartment. The court ruled for landlord based on tenants' failure to appear in court. Tenants soon after asked the court to vacate the default judgment. The court ruled against tenants, and tenants appealed. The appeals court reversed and ruled for tenants. Tenants had appeared in court on at least one prior occasion. Their attorney's default in appearing on a subsequent date was brief, and tenants claimed they had a defense to landlord's claim. The court sent the case back for a trial on the merits.

Partnership 76, LP v. Sooknanan: NYLJ, p. 26, col. 1 (12/1/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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