Landlord Can't Appeal from Default Judgment

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court dismissed the case when landlord wasn't ready to go forward at an abatement hearing. Landlord appealed and lost. Landlord's failure to go forward with the hearing was a default and can't be appealed.

Forest Parkway Realty Co., Inc. v. Harrison: NYLJ, 3/27/07, p. 30, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Golia, JJ)