Landlord's Request to Restore Case to Court Calendar Insufficient

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. After he was evicted, tenant asked the court to vacate his default and restore him to possession. Landlord and tenant then signed a settlement agreement allowing tenant to move back in and giving landlord the right to restore the case to the court calendar. Landlord later asked to restore the case, claiming rent was still owed. Tenant asked the court to deny this request. The court ruled for tenant. Landlord's request was insufficient because it didn't submit a statement from anyone in its office with personal knowledge of whether tenant owed rent. It merely submitted a statement from its attorney with a copy of a rent ledger attached.

Norgate Development Associates v. Bogan: NYLJ, 10/27/09, p. 28, col. 1 (Civ. Ct. Kings; Lau, J)