Tenants Can Vacate Judgment

January 1, 1995

LVT Number: 9382

Landlord sued to evict tenants for nonpayment of rent. Tenants didn't show up at the trial, and the court entered a judgment against them for $8,937.52. Tenants appealed, asking the court to vacate the judgment. Tenants claimed they never got landlord's nonpayment petition. Landlord and tenants then agreed that tenants would pay the rent owed in installments. The agreement also stated that landlord could get a judgment for the full amount in the original complaint if tenants didn't pay any installment within seven days of its due date.

Landlord sued to evict tenants for nonpayment of rent. Tenants didn't show up at the trial, and the court entered a judgment against them for $8,937.52. Tenants appealed, asking the court to vacate the judgment. Tenants claimed they never got landlord's nonpayment petition. Landlord and tenants then agreed that tenants would pay the rent owed in installments. The agreement also stated that landlord could get a judgment for the full amount in the original complaint if tenants didn't pay any installment within seven days of its due date. Tenants didn't pay the last $100 installment, and landlord got a judgment for $12,756.14. Tenants appealed, and the court vacated the judgment. Tenants' neglect in paying the last $100 was unintentional.

Kirkor v. Chang: NYLJ, p. 33, col. 3 (12/5/94) (App. T. 2 Dept.; Kassoff, JP, Chetta, Patterson, JJ)

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