Cohen v. Basiliko

CAYTON, Chief Judge.

We are asked to review the action of the trial court in denying a tenant’s motion to vacate a judgment for possession and refusing to stay a writ of restitution.

The suit was predicated on an allegation that “the tenant has violated the terms of the lease.” Judgment for possession was entered by default, plaintiff consenting to a stay of execution of some five weeks. After a writ of restitution was issued defendant filed a motion to vacate the judgment, or in the alternative to stay execution of the writ of restitution. Defendant’s position was that though the complaint did…