Tenant's Default Excused

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to excuse his absence. The court agreed on condition that tenant pay the back rent owed. Tenant was evicted after he failed to pay the rent owed. Tenant later asked the court to be restored to possession. He said that the New York State Office of Temporary and Disability Assistance (OTDA) was supposed to pay tenant's back rent. The court ruled against tenant. Tenant appealed and won. Tenant's legal aid attorneys had brought a separate action in state Supreme Court. In that case, the court ordered OTDA to pay tenant's back rent. The agency failed to comply on time with a court order to pay tenant's back rent. Under the circumstances, tenant's eviction should have been delayed on condition that landlord be paid the back rent plus marshal and legal fees. The appeals court ordered landlord to restore tenant to possession on the condition that tenant pay landlord $8,560 within 10 days.

115 E. 21st Street Realty Co., LLC v. Verneus: NYLJ, 1/4/08, p. 43, col. 2 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)