Traverse Hearing Needed to Show Whether Tenant Defaulted

Landlord sued to evict tenant for nonpayment. The court ruled for landlord based on tenant's failure to answer the petition. Tenant then asked the court to vacate the default, claiming that he had an excuse for his default and a meritorious defense. Tenant claimed that he wasn't personally served with the nonpayment petition and that he never received a rent demand. Tenant also claimed that landlord had failed to make certain apartment repairs. The court ruled for tenant and dismissed the case, finding that it had no jurisdiction over tenant because landlord had no proof that the rent demand was delivered by certified mail.

Landlord appealed and won. A failure to properly serve a rent demand wasn't a jurisdictional defect. And landlord claimed that the rent demand had been personally delivered to tenant. But a traverse hearing was needed to determine whether the petition had been properly delivered to tenant. If landlord proved proper service, tenant wouldn't be entitled to vacate the default judgment. Tenant's vague claim that landlord failed to make certain unspecified repairs was insufficient to prove a potentially meritorious defense to the nonpayment petition.

Tziifil Realty Corp. v. Temammee: 46 Misc.3d 144(A), 2015 NY Slip Op 50196(U) (App. T. 2 Dept.; 2/23/15; Pesce, PJ, Aliotta, Solomon, JJ)