Tenant Evicted on Default in Nonpayment Case Can't Be Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. Tenant failed to appear on the scheduled court date, and landlord obtained a default judgment of possession and money judgment for $2,541. After tenant was evicted, tenant went back and asked the court six times to vacate the judgment. The court refused to sign three of tenants' orders to show cause, and denied tenant's other three motions. Tenant appealed and lost. Tenant showed no present ability to pay rent. And, even if the marshal had improperly executed the eviction warrant, there may be some claim tenant can make against the marshal but this didn't affect the validity of the judgment or provide a reason to be restored to possession.

NYCHA Glenwood Houses v. Walker: 2017 NY Slip Op 50862(U), 2017 WL 2800760 (App. T. 2 Dept.; 6/23/17; Elliot, JP, Pesce, Solomon, JJ)