Tenant Restored to Possession

July 31, 2001

LVT Number: 15138

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant then asked the court to restore her to possession. In a prior case a few months earlier, a court had found that tenant needed a guardian based on psychiatric problems. The court ruled for tenant and restored her to possession. Landlord knew from the prior case that tenant needed a guardian and should have brought this to the court's attention in the new case. So the default judgment for landlord was invalid.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant then asked the court to restore her to possession. In a prior case a few months earlier, a court had found that tenant needed a guardian based on psychiatric problems. The court ruled for tenant and restored her to possession. Landlord knew from the prior case that tenant needed a guardian and should have brought this to the court's attention in the new case. So the default judgment for landlord was invalid.

Jackson Gardens LLC v. Osorio: NYLJ, 7/11/01, p. 25, col. 6 (Civ. Ct. Queens; Grayshaw, J)

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