Tenant Wasn't Given Notice to Appoint New Counsel After Attorney Disbarred
LVT Number: #29792
Landlord sued to evict tenant for creating a nuisance. During the course of the eviction proceeding, tenant's attorney was disbarred. This resulted in an automatic stay of the proceeding until 30 days after notice to appoint another attorney was delivered to tenant. The court later ruled for landlord based on tenant's default. Tenant appealed, and the case was reopened. The default judgment was improperly granted because no notice to appoint new counsel was ever sent to tenant.
HP Bailey Avenue, LLC v. Gilmartin: 61 Misc.3d 147(A), 2018 NY Slip Op 51710(U)(App. T. 1 Dept.; 11/29/18; Shulman, PJ, Ling-Cohan, Gonzalez, JJ)