Tenant Must Pay Costs to Landlord

April 30, 2002

LVT Number: 15787

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord based on tenant's default. Tenant then asked the court to reopen the case. The court ruled for tenant on the condition that tenant pay landlord $1,000 in costs. Tenant didn't do so, and the court upheld the default judgment. Tenant appealed. The appeals court ruled for tenant and gave him another chance to comply with the order to pay landlord's costs so that the case could be decided on the merits.

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord based on tenant's default. Tenant then asked the court to reopen the case. The court ruled for tenant on the condition that tenant pay landlord $1,000 in costs. Tenant didn't do so, and the court upheld the default judgment. Tenant appealed. The appeals court ruled for tenant and gave him another chance to comply with the order to pay landlord's costs so that the case could be decided on the merits.

Second at St. Marks Partners LP v. Lubrano: NYLJ, 4/16/02, p. 18, col. 1 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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