Tenant Runs Day Care Center from Apartment

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the judgment of possession. The premises was an apartment in a two-family house where tenant operated a day care facility she had purchased from landlord. Although tenant didn't live in the apartment, she claimed the case was improperly brought in the commercial part of landlord-tenant court. The court ruled against tenant, who appealed and won. Landlord knew that the premises was residential since it was located in a two-family house, and there's strong legislative policy that eviction proceedings concerning residential premises be commenced in the Housing Part of Civil Court. The default should have been vacated and the petition dismissed. One judge disagreed, finding that tenant failed to show a reasonable excuse for failing to answer landlord's eviction petition. This is required in addition to a potentially meritorious defense in order to vacate a default judgment.

Artykova v. Avramenko: 2012 NY Slip Op. 22214, 2012 WL 3139756 (App. T. 2 Dept.; 7/25/12; Weston, JP [dissenting], Pesce, Aliotta, JJ)