Default Judgment Vacated

April 1, 1996

LVT Number: 10493

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 judgment against her and reopen the case. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and sent the case back for trial. Tenant's default wasn't willful or deliberate. And a substantial portion of the claimed back rent already had been paid by DSS. In addition, tenant claimed breach of the warranty of habitability.

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 judgment against her and reopen the case. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and sent the case back for trial. Tenant's default wasn't willful or deliberate. And a substantial portion of the claimed back rent already had been paid by DSS. In addition, tenant claimed breach of the warranty of habitability.

Mcaw Property I v. Baker: NYLJ, p. 25, col. 3 (3/1/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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