City of New York v. Betancourt

The respondent seeks by motion brought on by an order to show cause to vacate a final judgment of eviction granted on default and to dismiss the petition. The motion *147to open the default is granted. The motion to dismiss the petition is denied. The respondent is given leave to serve and file a written answer on or before July 31, 1974. The proceeding is set down for trial for August 7,1974. The affidavit in support of the motion and the affidavit in opposition clearly indicate that the tenant was ill and in and out of the hospital for a considerable period of time prior to the institution of…