Super's Letter Request to Vacate Default Judgment Denied
LVT Number: #31516
Landlord sued to evict its building superintendent in 2019 after the super's employment was terminated. The super failed to appear in court, but his domestic partner appeared and consented to a possessory judgment and issuance of an eviction warrant and for a stay of eviction through April 30, 2020. An inquest as to the defaulting super and other apartment occupants was later conducted on Feb. 19, 2020, and a possessory judgment for landlord was issued. On March 13, 2020, the warrant was issued, but housing court was locked down shortly thereafter in response to the COVID-19 pandemic. In September 2020, landlord made a "DRP-213" motion, seeking to enforce the eviction warrant. The super then asked the court to vacate the default judgment and warrant. While pending, New York enacted the CEEFPA on Dec. 28, 2020, which stayed all proceedings for 60 days. On March 1, 2021, the court denied the super's order to show cause, finding neither excusable default nor meritorious defense. The super then filed a Hardship Declaration and filed a letter with the court seeking relief under CEEFPA. Landlord objected to the super's letter. The court noted that landlord filed its DRP-213 motion before Dec. 28, 2020, and the super couldn't simply ask the court to vacate his default judgment in a letter.
Stuyvesant Manor, Inc. v. Zayas: Index No. L&T 79449/19, 2021 NY Slip Op 50607(U)(Civ. Ct. Kings; 6/25/21; Slade, J)