Tenant's Default Vacated

May 31, 1995

LVT Number: 9758

Landlord sued to evict tenant. Tenant didn't appear in court and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled for tenant and reopened the case.Landlord appealed and lost. Tenant's two-day delay in answering was a minor delay and didn't harm landlord. It was preferable to resolve the case on the merits.

Landlord sued to evict tenant. Tenant didn't appear in court and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled for tenant and reopened the case.Landlord appealed and lost. Tenant's two-day delay in answering was a minor delay and didn't harm landlord. It was preferable to resolve the case on the merits.

Ames Associates v. General Realty Group of Cos.: NYLJ, p. 30, col. 1 (5/3/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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