Traverse Hearing Required

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment and reopen the case. The court refused, and tenant appealed. The appeals court ruled for tenant and sent the case back to the lower court. The lower court properly found that tenant showed neither a reasonable excuse for not answering the nonpayment petition nor a meritorious defense to landlord's claim for back rent. But tenant also claimed that landlord's court papers were improperly delivered. Since there were conflicting affidavits from tenant and landlord's process server, a traverse hearing was required. The fact that tenant actually received the court papers didn't change this requirement.

10 East End Avenue Owners, Inc. v. Gordon: NYLJ, 5/27/09, p. 36, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)