Hearing on Delivery of Court Papers Ordered

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't answer the petition, and the court granted landlord's request for a default judgment and issuance of an eviction warrant. Upon receipt of the warrant, tenant asked the court to vacate the judgment. Tenant claimed that he never got the petition, that he was ready to pay $5,000, and that he needed a day to get the remaining $1,500 owed. In response, landlord refused to accept the late rent payment and asked the court to hold a hearing on whether it properly delivered the petition to tenant. The court ruled for tenant and dismissed the case. Landlord appealed. The appeals court ruled for landlord in part. The case was reopened and sent back for a hearing on delivery of the petition. The court also vacated the eviction warrant, since tenant's ability to pay the back rent showed good cause.

Rhinestone Ventures Assocs., LP v. Vatter: NYLJ, 5/9/02, p. 22, col. 3 (App. T.2 Dept.; Pesce, PJ, Golia, Rios, JJ)