Tenant Can Vacate Default

December 1, 2000

LVT Number: 14584

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted landlord's request to conduct pretrial questioning. When tenant didn't respond to landlord's request for documents showing where tenant lived, landlord asked the court to rule in its favor based on tenant's default. The court ruled for landlord. Tenant appealed and won. It was better to decide the case on the merits, rather than based on tenant's default. Tenant showed that he may have a defense to landlord's case and did finally produce the documents that landlord requested.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted landlord's request to conduct pretrial questioning. When tenant didn't respond to landlord's request for documents showing where tenant lived, landlord asked the court to rule in its favor based on tenant's default. The court ruled for landlord. Tenant appealed and won. It was better to decide the case on the merits, rather than based on tenant's default. Tenant showed that he may have a defense to landlord's case and did finally produce the documents that landlord requested. The court also ordered tenant to pay landlord $1,000 in costs for the inconvenience caused by tenant's delay in responding to landlord's document request.

Second at St. Marks Partners, L.P. v. Lubrano: NYLJ, 11/7/00, p. 26, col. 2 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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