Occupant Gets New Trial Due to Judge's Misconduct

Landlord sued to evict apartment occupant. Occupant claimed she was tenant's sister and was entitled to pass-on rights, since she had lived in the apartment with tenant's daughter for more than two years. The court ruled for landlord without making a trial record. Occupant returned to court two days later to try to overturn the ruling. She was approached by a Mr. Watson, who said he was related to the judge, Arthur Scott, and that he could help her stop the eviction if she paid him $150. Occupant then obtained a stipulation with Watson's help, allowing her to remain in the apartment. She paid more money, including rent, to Watson, who was supposed to pay landlord but never did. Occupant eventually asked the court to set aside all stipulations and judgments in this case and grant a new trial. The court ruled for occupant. Scott and Watson had been arrested for taking bribes to influence the outcome of cases in Scott's court. Watson had also falsely represented himself to occupant as an attorney. Even if occupant arguably was a participant rather than a victim, she didn't receive a fair trial in Scott's court. She was entitled to a new trial.

12-16 Arden Associates v. Vasquez: NYLJ, p. 30, col. 5 (8/7/95) (Civ. Ct. NY; Gische, J)