Tenant Who Didn't Renew Lease Can Vacate Default Judgment

May 11, 2012

LVT Number: #24078

Landlord sued to evict tenant for failing to renew her lease. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and won. Tenant presented an excuse for her default and a possibly meritorious defense. Although tenant's lease expired on Aug. 31, 2008, and she didn't sign renewal lease forms until late Sept. 2008, there was a prior history of landlord's acceptance of late renewals and of deemed renewals.

Landlord sued to evict tenant for failing to renew her lease. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and won. Tenant presented an excuse for her default and a possibly meritorious defense. Although tenant's lease expired on Aug. 31, 2008, and she didn't sign renewal lease forms until late Sept. 2008, there was a prior history of landlord's acceptance of late renewals and of deemed renewals. The default was vacated, and the case sent back to the trial court for further proceedings.

270-274 8th Avenue v. Bakal: NYLJ, 4/12/12, p. 30, col. 3 (App. T. 2 Dept.; LaCava, JP, Molia, Iannacci, JJ)

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