Tenant Filed Opposition Papers at Wrong Location in Courthouse

January 1, 2005

LVT Number: 17803

Landlord sued to evict tenant. Landlord asked the court to rule for it without a trial. The court ruled for landlord based on tenant's failure to file court papers opposing landlord's request. Tenant asked the court to reconsider. The court ruled against tenant. Tenant appealed and won. Tenant had filed his opposition papers on time, but had filed them at the wrong location in the courthouse. This was a reasonable excuse for tenant's default. Tenant also showed that he could have defenses to landlord's claims. The court reopened the case and sent it back for a trial.

Landlord sued to evict tenant. Landlord asked the court to rule for it without a trial. The court ruled for landlord based on tenant's failure to file court papers opposing landlord's request. Tenant asked the court to reconsider. The court ruled against tenant. Tenant appealed and won. Tenant had filed his opposition papers on time, but had filed them at the wrong location in the courthouse. This was a reasonable excuse for tenant's default. Tenant also showed that he could have defenses to landlord's claims. The court reopened the case and sent it back for a trial.

JHB LP v. Kirby: NYLJ, 12/17/04, p. 31, col. 1 (App. T 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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