Tenant Wasn't Given Notice to Appoint New Counsel After Attorney Disbarred

December 21, 2018

LVT Number: #29792

Landlord sued to evict tenant for creating a nuisance. During the course of the eviction proceeding, tenant's attorney was disbarred. This resulted in an automatic stay of the proceeding until 30 days after notice to appoint another attorney was delivered to tenant. The court later ruled for landlord based on tenant's default. Tenant appealed, and the case was reopened. The default judgment was improperly granted because no notice to appoint new counsel was ever sent to tenant.

Landlord sued to evict tenant for creating a nuisance. During the course of the eviction proceeding, tenant's attorney was disbarred. This resulted in an automatic stay of the proceeding until 30 days after notice to appoint another attorney was delivered to tenant. The court later ruled for landlord based on tenant's default. Tenant appealed, and the case was reopened. The default judgment was improperly granted because no notice to appoint new counsel was ever sent to tenant. Although landlord complained about the delay in this proceeding, landlord was authorized to bring any stay of the eviction proceeding to an end by sending a notice to tenant to appoint another attorney within 30 days. Landlord didn't do this.

HP Bailey Avenue, LLC v. Gilmartin: 61 Misc.3d 147(A), 2018 NY Slip Op 51710(U)(App. T. 1 Dept.; 11/29/18; Shulman, PJ, Ling-Cohan, Gonzalez, JJ)

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