Tenant's Default Vacated

LVT Number: 9291

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't show up for the trial, and landlord won based on tenant's default. Tenant then asked the court to vacate the judgment, claiming that DSS had paid landlord the full amount of rent due. The court agreed, and vacated the judgment. Landlord appealed, and the appeals court ruled for tenant. DSS showed it paid landlord all the back rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't show up for the trial, and landlord won based on tenant's default. Tenant then asked the court to vacate the judgment, claiming that DSS had paid landlord the full amount of rent due. The court agreed, and vacated the judgment. Landlord appealed, and the appeals court ruled for tenant. DSS showed it paid landlord all the back rent.

74-84 Third Avenue Corp. v. Montalvo: NYLJ, p. 25, col. 4 (11/22/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)