Berkeley Associates Co. v. Di Nolfi

the majority’s position that although respondent’s challenge to the August 1980 judgment of possession in petitioner’s favor is absolutely without substantive merit, petitioner’s failure to comply strictly with the procedures set forth by RPAPL 733 prejudiced respondent and requires vacatur of the above-mentioned judgment entered upon respondent’s default. As a result of the judgment’s vacatur, respondent is to be afforded an opportunity to commence a wrongful eviction action against petitioner.

It would seem to me that before a judgment of possession is vacated exclusively on procedural…