An Order to Show Cause is a court order in New York that requires a party in a landlord-tenant proceeding to appear in court and explain why a default judgment should not be granted. In New York, an Order to Show Cause is typically requested when a tenant has failed to appear in court or respond to a landlord's complaint. In such a situation, the landlord may be entitled to a default judgment, meaning that the court will grant whatever relief the landlord is requesting without hearing the tenant's side of the argument. The tenant must respond to the Order to Show Cause explaining why the default judgment should not be granted. If the tenant can show that he or she had a valid reason for not appearing in court or responding to the landlord's complaint, the court may vacate the default judgment and allow the tenant to make a defense against the landlord's claims. There are two commonly used types of Order to Show Cause in New York landlord-tenant proceedings: an Order to Show Cause for Money Judgment and an Order to Show Cause for Possession. An Order to Show Cause for Money Judgment is commonly used when a tenant has failed to pay rent or owes money to the landlord. An Order to Show Cause for Possession is commonly used when a tenant has failed to comply with the terms of the lease and the landlord are seeking possession of the premises.
New York Order To Show Cause To Vacate Default Judgment In Landlord Tenant Proceeding
Description New York Vacate Default
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FAQ
You cannot appeal this kind of judgment and have a new trial until you ?vacate the default judgment?, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.
Submitting the Order to Show Cause (OSC) Papers to the Court G Go to the Ex Parte Office, 60 Centre Street, Room 315, 3rd floor. Give the Clerk the original OSC papers (and original RJI and one copy, if the case is not assigned to a Judge).
If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.
The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City: 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county.
The usual way to file a motion in the State of New York is called a Motion on Notice. Before a motion will be heard by a Judge, the Plaintiff must serve Defendant eight days before the motion is heard by a judge. The notice is 13 days when the defendant is served by mail.
Responding papers are due two days before the motion date. If the motion is served sixteen days in advance instead of eight, then answering papers or a cross motion must be served seven days before the motion date. Any reply is due two days before the return date.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
To vacate a default, your motion papers must show a good reason or excuse for your default and that your claims or defenses have legal merit. Whenever a motion is to be brought, the person filing the motion is called the moving party or the movant.