Landlord's Petition Reinstated

June 30, 1997

LVT Number: 11594

Landlord sued to evict tenant. The court ruled for landlord based on tenant's not appearing in court. Tenant later asked the court to vacate the default judgment. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reinstated the petition and sent the case back for a trial. Although the lower court had the discretion to vacate the default judgment, there was no reason to dismiss landlord's petition.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's not appearing in court. Tenant later asked the court to vacate the default judgment. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reinstated the petition and sent the case back for a trial. Although the lower court had the discretion to vacate the default judgment, there was no reason to dismiss landlord's petition.

1325 Parkway Estates v. Dockery: NYLJ, p. 31, col. 2 (6/3/97) (App. T. 2 Dept.; Scholnick, JP, Aronin, Chetta, JJ)

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