Tenant Restored to Possession

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court and the court ruled for landlord. Landlord evicted tenant and new tenant moved into the apartment. Tenant later asked the court to vacate the default judgment and restore him to possession of the apartment. Tenant had been properly served with the eviction notice by conspicuous place service. Court: Tenant wins. While tenant was properly served, he didn't get the notice. Another tenant had a dispute with tenant, and had obtained a restraining order against tenant. Tenant mistakenly thought this meant he couldn't go into the building. He temporarily stayed with friends. More importantly, tenant didn't owe the rent claimed in landlord's petition, because it was paid by the Department of Social Services. And although landlord had re-rented the apartment, new tenant had been there only one month and had no ties to the community. Tenant had lived in the apartment for 11 years. So the court ruled that tenant should be restored to possession of the apartment.

109 Owners, Inc. v. Sade: NYLJ, p. 30, col. 3 (5/17/95) (Civ. Ct. Kings; Rodriguez, J) ISDT: 199506