Supreme Court Can't Vacate Eviction Order by Housing Court

(Decision submitted by Manhattan attorney Paul D. Feinstein, who represented the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant's attorney was granted a delay to prepare for a trial on the condition that tenant deposit rent into court. When tenant didn't deposit the required amount, the court ruled for landlord without a trial. A month later, tenant sued landlord in Supreme Court, claiming that landlord had broken an agreement to sell tenant the building. Tenant also asked the Court to vacate the housing court judgment against him. The Court ruled against tenant on this issue. The Supreme Court can't vacate an eviction judgment issued by housing court. Tenant had already asked the housing court to vacate the judgment. The court ruled against tenant and tenant never appealed that decision.

Cabrera v. Kougemitros: Index No. 20493/98 (5/17/99) (Sup. Ct. Bronx; Esposito, J) [8-pg. doc.]