Tenant Can Vacate Default

May 31, 2001

LVT Number: 15053

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and won. Tenant showed that landlord knew tenant didn't live in the apartment at the time landlord sent court papers there. The case was sent back for a new trial.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and won. Tenant showed that landlord knew tenant didn't live in the apartment at the time landlord sent court papers there. The case was sent back for a new trial.

Carolyn Court Owners Inc. v. Shenker: NYLJ, 5/30/01, p. 20, col. 1 (App. T.2 Dept.; Doyle, JP, Colabella, Coppola, JJ)

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