Tenant Can Vacate Default Judgment

February 1, 1995

LVT Number: 9490

Nassau County landlord sued to evict tenant for nonpayment of rent, and got a final judgment against tenant because tenant didn't show up in court. Tenant appealed, and the appeals court vacated the default judgment. Tenant and landlord agreed that tenant had moved out of the apartment before landlord started the case. So, the court should have dismissed the case.

Nassau County landlord sued to evict tenant for nonpayment of rent, and got a final judgment against tenant because tenant didn't show up in court. Tenant appealed, and the appeals court vacated the default judgment. Tenant and landlord agreed that tenant had moved out of the apartment before landlord started the case. So, the court should have dismissed the case.

Boulevard Management Trust v. Linsky: NYLJ, p. 31, col. 1 (1/25/95) (App. T. 2 Dept.; DiPaola, JP, Collins, Ingrassia, JJ)

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