Hearing on Service Required

April 1, 1995

LVT Number: 9588

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. She also asked that a hearing be held on whether landlord's petition had been properly served. The trial court vacated the default judgment, but denied the request for a hearing on service. Tenant appealed and won. Tenant's sworn statement that she wasn't served and the absence of any sworn response from landlord provided sufficient grounds for the court to order a hearing on service.

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. She also asked that a hearing be held on whether landlord's petition had been properly served. The trial court vacated the default judgment, but denied the request for a hearing on service. Tenant appealed and won. Tenant's sworn statement that she wasn't served and the absence of any sworn response from landlord provided sufficient grounds for the court to order a hearing on service.

Ft. Greene Assets, Inc. v. Delaine: NYLJ, p. 30, col. 3 (3/27/95) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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