Judge Diane E. Lutwak

V.C. sought vacatur of a default judgment granted after inquest, and warrant of eviction after landlord was awarded final judgment of possession. The marshal was to notify APS before scheduling an eviction. Landlord cross-moved for use and occupancy in this holdover proceeding. The petition was predicated on notices to cure and termination alleging VC engaged in anti-social, dangerous, or illegal behavior around the building constituting a violation of a substantial obligation of the tenancy and nuisance. The court noted a default judgment may be invalidated even where it was entered before appointment of a guardian ad litem (GAL)and no judgment was valid against any party for whom a GAL was needed until the GAL was appointed–even the judgment preceded the court's determination of disability. It stated vacatur of the default was warranted under CPLR 1203 to provide VC—now with a GAL and attorney—”the opportunity to prepare a case and decide on a course of action.” The court granted VC's order to show to vacate the default and warrant and restoring the matter to the court's calendar for conference. Yet, to preserve the status quo, VC was directed to pay use and occupancy with payment deadlines stayed pending conference in light of VC's hospitalization.

Judge Diane E. Lutwak