Tenant Waited Too Long to Vacate Default

March 1, 2005

LVT Number: 17932

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord asked HPD for a certificate of eviction against tenant. HPD ruled for landlord, and landlord started an eviction case in housing court. While this case was pending, tenant sued landlord in the Supreme Court. Tenant asked the court to cancel HPD's order. Landlord claimed that tenant's request wasn't made on time and didn't state a valid claim. It also claimed that tenant should have named HPD as a party to the case.

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord asked HPD for a certificate of eviction against tenant. HPD ruled for landlord, and landlord started an eviction case in housing court. While this case was pending, tenant sued landlord in the Supreme Court. Tenant asked the court to cancel HPD's order. Landlord claimed that tenant's request wasn't made on time and didn't state a valid claim. It also claimed that tenant should have named HPD as a party to the case. The court ruled against tenant. Tenant claimed that she was in Florida and that legal papers weren't properly delivered to her. She had made this claim in housing court and it was rejected. And tenant waited too long to challenge HPD's order.

Flanders v. Dayton Beach #1, Corp.: Index No. 16694/04 (Sup. Ct. Queens 1/19/05; Dorsa, J) [3-pg. doc.]

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