4117 15th Ave. Realty Corp. v. Hornedo

OPINION OF THE COURT

Memorandum.

Final judgment unanimously reversed without costs, petition reinstated and matter remanded to the court below for further proceedings.

In this nonpayment proceeding, tenant moved to vacate a default final judgment and to restore the matter to the calendar. Landlord did not submit papers in opposition to tenant’s motion but appeared on the return date with its witnesses and consented to the vacatur of the default final judgment. The Housing Court vacated the default final judgment, ordered an immediate abatement hearing and precluded landlord from calling…