Tenant Can Vacate Default

April 30, 1998

LVT Number: 12311

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Tenant's default wasn't willful, and tenant didn't delay before asking the court to vacate the default judgment. Tenant also raised issues concerning a rent overcharge and a breach of the warranty of habitability that should be decided on the merits.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Tenant's default wasn't willful, and tenant didn't delay before asking the court to vacate the default judgment. Tenant also raised issues concerning a rent overcharge and a breach of the warranty of habitability that should be decided on the merits.

Eberhart & Decker v. Nathan: NYLJ, p. 27, col. 6 (4/1/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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