Brooklyn, NY asked in Landlord - Tenant for New York

Q: Other lawyer did not show up for the date and the judge dismissed, then they cancelled and it was still on a later date

I had a housing court date that I showed up for. The opposing lawyer did not show up for the date and the judge dismissed. They called days later and said the clerk messed the date up the date on the answer sheet and the case is not dismissed anymore. Is this allowed? And is there something I can do to keep the dismissed judgement?

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Sometimes even court clerk's make mistakes. Even if the case had been dismissed on default, it would not be on the merits and the landlord would only need to make a motion to restore the case to the calendar.

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