Tenant Gets Default Judgment Vacated

November 21, 2019

LVT Number: #30494

Landlord sued to evict tenant for chronic nonpayment of rent, claiming that the apartment was unregulated. The court ruled for landlord based on tenant's failure to appear in court. The court later denied tenant's request to vacate the default judgment. Tenant appealed, and the case was reopened. Tenant claimed that the apartment was rent stabilized. Since the court papers may then have incorrectly identified the tenant's rent-regulatory status, the default judgment was vacated.

Landlord sued to evict tenant for chronic nonpayment of rent, claiming that the apartment was unregulated. The court ruled for landlord based on tenant's failure to appear in court. The court later denied tenant's request to vacate the default judgment. Tenant appealed, and the case was reopened. Tenant claimed that the apartment was rent stabilized. Since the court papers may then have incorrectly identified the tenant's rent-regulatory status, the default judgment was vacated.

140 East Hartsdale Ave., LLC v. Brooks: 65 Misc.3d 142(A), 2019 NY Slip Op 51731(U) (App. T. 2 Dept.; 10/24/19; Ruderman, JP, Adams, Tolbert, JJ)

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