Need Help With Old Case

[BronxBomber]

:confused:
BACKGROUND:
I lost my court case by default last March and was evicted from my apartment in Brooklyn in April. I had not shown to court due to medical reasons (which can be proven) but the LL Lawyer insisted that I was at home so the judge ruled in default in LL favor. The judge would not allow an OSC unless I gave the money awarded to the LL which I didnt have at the time, so therefore I was evicted.

I had a great case, LL didnt have C of O on the building till AUGUST so given past statues in Kings they were not due any of the money they were awarded PLUS I have meritorius defense as to why I was not in court emergency room documents and all. The ENTIRE SCENARO sounds FISHY.

Now I have a judgement against me, and the LL has sent to the collection agency TWICE what they initially said I owe. Since I am no longer a tenant I wanted to know what would the likelyhood be for me to get an OSC WITHOUT making the deposit so that the case could be reopened OR should I seek for the judge to make a ruling on the case so that I could appeal since I cant appeal a default judgement. AND would the appellate court want me to satisfy the judgement before I appeal?

[Anna]

File another OSC with the help of the pro se offica at the courthouse. Be sure to include some paper documantation that you were in the hospital.

Rent deposits are not required to vacate a default judgement; they are frequently required to file an appeal. There will be a diff judge reading the new OSC.

Lack of CO is not a guarantee: if LL was in porcess of getting one and the delay was not his falt, you might lose this defense... but you'd still have warranty of habitability and other defenses.

[BronxBomber]

Gotcha!

And do I not have to pay the amount b/c I no longer live there? And how can I be sure that the same judge will not look at the OSC?

The problem with the C of O was that it wasnt for the right amount of apartments, he only filed for one AFTER DOB was called by one of the tenants. Then when an new C of O was filed the purposely left out the fact that there were duplex apartments in the cellar, the DOB had them listed as STORAGE and b/c the LL put the word STORAGE on the basement entrances. He basically lied. It was one of those warehouses that was turned into apartments. There was a temp C of O but that was filed YEARS earlier so there was no delay.