Landlord Can't Vacate Default in Rent Overcharge Case

November 1, 2001

LVT Number: 15379

Rent-stabilized tenant sued landlord in court, claiming a rent overcharge. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord in part, limiting the period for which tenant could claim an overcharge to four years before the filing of the complaint. The case was sent back to the lower court, which ruled for tenant based on landlord's failure to appear. Landlord then asked the court to vacate the default judgment. The court ruled against landlord. There was no justifiable reason to vacate the default.

Rent-stabilized tenant sued landlord in court, claiming a rent overcharge. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord in part, limiting the period for which tenant could claim an overcharge to four years before the filing of the complaint. The case was sent back to the lower court, which ruled for tenant based on landlord's failure to appear. Landlord then asked the court to vacate the default judgment. The court ruled against landlord. There was no justifiable reason to vacate the default. The legal questions had already been decided in the case, and landlord's request was frivolous.

Negron v. Goldman: NYLJ, 10/17/01, p. 18, col. 5 (Civ. Ct. NY; Billings, J)

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