Tenant Can Vacate Default

February 1, 2001

LVT Number: 14734

Landlord sued to evict rent-controlled tenant for nonprimary residence. When tenant didn't appear for pretrial questioning, landlord asked the court to rule in his favor. Tenant's attorney claimed that he couldn't reach tenant and asked to be removed from the case. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and won. Tenant said that she had been in Texas attending to family matters and that she had gotten sick for a while when there.

Landlord sued to evict rent-controlled tenant for nonprimary residence. When tenant didn't appear for pretrial questioning, landlord asked the court to rule in his favor. Tenant's attorney claimed that he couldn't reach tenant and asked to be removed from the case. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and won. Tenant said that she had been in Texas attending to family matters and that she had gotten sick for a while when there. Tenant had lived in the apartment for 40 years and wasn't aware of the order to appear for pretrial questioning. The appeals court sent the case back for the lower court to consider tenant's request to vacate the default.

Goldman v. Hirsch: NYLJ, 1/4/01, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

Topics

More like this