Tenant Claims He Wasn't Served and Didn't Sign Agreement

June 10, 2013

LVT Number: #24825

Landlord sued to evict tenant for nonpayment of rent. The court granted a default judgment in landlord's favor based on tenant's failure to appear in court. Tenant later asked the court to vacate the default. He claimed that he didn't live in the apartment, that he didn't sign a prior settlement agreement with landlord, and that landlord didn't properly deliver the nonpayment petition in the first place. The court ruled for tenant and ordered the case to be reopened. Landlord appealed and won.

Landlord sued to evict tenant for nonpayment of rent. The court granted a default judgment in landlord's favor based on tenant's failure to appear in court. Tenant later asked the court to vacate the default. He claimed that he didn't live in the apartment, that he didn't sign a prior settlement agreement with landlord, and that landlord didn't properly deliver the nonpayment petition in the first place. The court ruled for tenant and ordered the case to be reopened. Landlord appealed and won. The appeals court found that tenant didn't present an excuse for his default or a meritorious defense to landlord's claim.

Tenant then appealed to a higher court and won. The lower court should have held a hearing on the threshold issue of personal jurisdiction before issuing a default judgment against tenant. It wasn't obvious, as landlord claimed, that the signature on the settlement agreement was tenant's. Tenant claimed that his son forged his signature. If tenant didn't sign, a traverse hearing was needed to determine if the court papers were properly delivered.

342 E. 67 Realty LLC v. Jacobs: 2013 NY Slip Op 03760, 2013 WL 2249058 (App. Div. 1 Dept.; 5/23/13; Andrias, JP, Friedman, Acosta, Freedman, Clark, JJ)

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