Tenant Can Vacate Default

May 31, 1994

LVT Number: 8830

Landlord sued to evict tenant for nonpayment of rent. Tenant's attorney had defaulted on a court appearance, and the court ruled for landlord. Tenant asked the court to vacate the default. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant's attorney was unexpectedly engaged in jury selection in another court. Landlord's attorney was advised of the conflict. There were prior adjournments in this case, but tenant shouldn't suffer a default because there was no intent to abandon his defense.

Landlord sued to evict tenant for nonpayment of rent. Tenant's attorney had defaulted on a court appearance, and the court ruled for landlord. Tenant asked the court to vacate the default. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant's attorney was unexpectedly engaged in jury selection in another court. Landlord's attorney was advised of the conflict. There were prior adjournments in this case, but tenant shouldn't suffer a default because there was no intent to abandon his defense.

Goldman v. Ellion: NYLJ, p. 28, col. 3 (5/16/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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