Tenant's Default Vacated

July 31, 1996

LVT Number: 10784

Landlord sued to evict tenant for nonpayment of rent. Tenant failed to appear, and the court ruled for landlord. Tenant appealed. She was hospitalized in a psychiatric center at the time that landlord's papers were served. Although landlord served the papers at the center, the court found good cause to excuse tenant's default, given her incapacity and the fact that her sons were ready and willing to pay her rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant failed to appear, and the court ruled for landlord. Tenant appealed. She was hospitalized in a psychiatric center at the time that landlord's papers were served. Although landlord served the papers at the center, the court found good cause to excuse tenant's default, given her incapacity and the fact that her sons were ready and willing to pay her rent.

487-489 Amsterdam Ave., HDFC v. Montero: NYLJ, p. 21, col. 2 (7/17/96) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)

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