Tenant Can't Be Restored to Possession

February 1, 2006

LVT Number: 18612

Landlord sued to evict tenant. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to restore her to possession. The court ruled against tenant. She appealed, claiming wrongful eviction. The appeals court ruled against tenant. Tenant claimed that the marshal had improperly served or executed the 72-hour eviction notice. But tenant hadn't appeared in court to answer the petition and never asked to vacate the default judgment. Tenant also presented no reason to justify vacating the default.

Landlord sued to evict tenant. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to restore her to possession. The court ruled against tenant. She appealed, claiming wrongful eviction. The appeals court ruled against tenant. Tenant claimed that the marshal had improperly served or executed the 72-hour eviction notice. But tenant hadn't appeared in court to answer the petition and never asked to vacate the default judgment. Tenant also presented no reason to justify vacating the default.

Graham v. Moore: NYLJ, 1/5/06, p. 26, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Belen, JJ)

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