Artykova v. Avramenko

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, tenant’s motion to vacate the default final judgment is granted, and the petition is dismissed.

Landlord commenced this nonpayment proceeding in the commercial landlord-tenant part, alleging that the premises were used for commercial purposes. After tenant’s counsel filed a notice of appearance and a demand “that a copy of the complaint and all papers be served” upon him, a final judgment was entered, upon tenant’s failure to answer, awarding possession to landlord. Thereafter, tenant moved to vacate the default…