Tenant Can Vacate Default

April 30, 1993

LVT Number: 6948

Landlord sued to evict tenant. Tenant didn't appear for trial, and the court granted a default judgment for landlord. Tenant then asked the court to vacate the default judgment. Tenant's attorney claimed that he'd never gotten notice of the trial date. The court pointed out that landlord's attorney was responsible for finding out when the trial date had been set. But, in the interest of justice, the court granted tenant's request to vacate the default and set a new trial date.

Landlord sued to evict tenant. Tenant didn't appear for trial, and the court granted a default judgment for landlord. Tenant then asked the court to vacate the default judgment. Tenant's attorney claimed that he'd never gotten notice of the trial date. The court pointed out that landlord's attorney was responsible for finding out when the trial date had been set. But, in the interest of justice, the court granted tenant's request to vacate the default and set a new trial date. The court also ruled that the $5,800 judgment against tenant would remain in effect as security pending the trial.

Albin v. Malek: NYLJ, p. 26, col. 3 (4/19/93) (Civ. Ct. Queens; Spires, J)

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