Tenant Can Vacate Default

April 30, 1995

LVT Number: 9675

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court and appeals court ruled for tenant. Tenant was elderly and had a verified medical excuse for not appearing. Tenant also claimed breach of the warranty of habitability. So it was proper to reopen the case.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court and appeals court ruled for tenant. Tenant was elderly and had a verified medical excuse for not appearing. Tenant also claimed breach of the warranty of habitability. So it was proper to reopen the case.

Budget Realty Corp. v. Osborne: NYLJ, p. 25, col. 4 (4/12/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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