Judges Shouldn't Order Special Hearings for No-Show Tenants

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant didn't show up in court. The judge scheduled the case for a special hearing called an ''inquest,'' during which landlord had to prove its case. Landlord then brought a separate court case against that judge to compel him to sign a default judgment against tenant without conducting an inquest. An appeals court ruled that no inquest was required, and the judge appealed to the state's top court. Court: Landlord wins. The judge shouldn't have ordered an inquest after tenant defaulted. Real Property Actions and Proceedings Law (RPAPL) Section 732 states that the court shall rule for landlord if tenant doesn't appear in court to answer a nonpayment petition within five days of service, as shown by an affidavit of service. Tenant's rights weren't cut off by not having an inquest because he got three notices before landlord asked the court for the default judgment. And, tenant can always ask the court to vacate a default judgment that was improperly made.

Brusco v. Braun: NYLJ, p. 25, col. 1 (12/23/94) (Ct. App. NY; Kaye, CJ, Simons, Titone, Bellacosa, Smith, Levine, JJ)