A New York Affidavit In Support of Motion To Vacate Default Judgment In Landlord TenantProceeding is a legal document that is used in landlord tenant proceedings in the state of New York. This affidavit is used to support a motion to vacate a default judgment, meaning the judgment entered against a tenant without any legal representation or defense being provided. The tenant may file this affidavit to prove that they have a valid defense or claim to the default judgment. There are two types of New York Affidavit In Support of Motion To Vacate Default Judgment In Landlord TenantProceeding: 1. The Pro Se Affidavit — This affidavit is used by an individual who is not represented by an attorney. It is a sworn statement that provides details regarding the tenant's defense to the default judgment. 2. The Attorney Affidavit — This affidavit is used by an attorney representing the tenant in the landlord tenant proceeding. It is also a sworn statement that provides details regarding the tenant's defense to the default judgment.
New York Affidavit In Support of Motion To Vacate Default Judgment In Landlord TenantProceeding
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FAQ
The levy on, or seizure of, a Judgment Debtor's personal property by the use of a property execution is the most common method for enforcing a money judgment.
Discrimination is a big deal in NYC law, and landlords cannot turn people away based on race, religion, age, disability, sexual orientation, gender, or creed. You must talk to a lawyer if you believe you are a victim of discrimination. Without a written court order, they cannot force you to leave your home.
You cannot appeal this kind of judgment and have a new trial until you ?vacate the default judgment?, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.
To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. Whenever a motion is to be brought, the person filing the motion is called the moving party or the movant.
New York courts will usually vacate a default judgment in two situations: The defendant had a good excuse for not responding to the lawsuit, or. There's a lack of jurisdiction over the defendant. This usually means that the defendant wasn't properly served required notices.
The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendant's credit report, and it can be there for up to seven years if it is not paid.
If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.
"In order to successfully oppose a motion for a default judgment, a defendant must demonstrate a justifiable excuse for his default and a meritorious defense" (New Media Holding Co. LLC v Kagalovsky, 97 AD3d 463, 465 1st Dept 2012).