Landlord Can't Vacate Default

September 30, 1993

LVT Number: 8233

Landlord sued to evict tenant for nonpayment of rent. Landlord didn't appear in court, and the court ruled for tenant. Landlord asked that the default judgment be vacated. The court refused, and landlord appealed. The appeals court ruled against landlord. Landlord admitted that the amount of rent claimed from tenant was much greater than the legal, stabilized rent set by a 1991 DHCR order. Given landlord's refusal to accept the correct rent amount offered by tenant, landlord couldn't vacate the default.

Landlord sued to evict tenant for nonpayment of rent. Landlord didn't appear in court, and the court ruled for tenant. Landlord asked that the default judgment be vacated. The court refused, and landlord appealed. The appeals court ruled against landlord. Landlord admitted that the amount of rent claimed from tenant was much greater than the legal, stabilized rent set by a 1991 DHCR order. Given landlord's refusal to accept the correct rent amount offered by tenant, landlord couldn't vacate the default.

Smith v. Jenkins: NYLJ, p. 21, col. 2 (9/17/93) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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