Tenant Can Vacate Default

June 30, 1993

LVT Number: 8006

Landlord sued to evict tenant for nuisance, based on tenant's chronic nonpayment of rent. Tenant didn't appear in court on the trial date. The court ruled for landlord, based on tenant's default. Tenant later asked the court to set aside the default judgment. The court refused, and tenant appealed. The appeals court ruled for tenant, finding that tenant could vacate the default. Tenant had appeared in court before the trial date. On the trial date itself, tenant arrived 10 minutes after the default judgment was made; tenant explained that there were subway delays.

Landlord sued to evict tenant for nuisance, based on tenant's chronic nonpayment of rent. Tenant didn't appear in court on the trial date. The court ruled for landlord, based on tenant's default. Tenant later asked the court to set aside the default judgment. The court refused, and tenant appealed. The appeals court ruled for tenant, finding that tenant could vacate the default. Tenant had appeared in court before the trial date. On the trial date itself, tenant arrived 10 minutes after the default judgment was made; tenant explained that there were subway delays. The court found that tenant's default was brief and unintentional and that tenant was entitled to a trial.

D.U. 1st Realty Co. v. Jackson, NYLJ, p. 26, col. 1 (6/10/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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