Legal Question in Landlord & Tenant Law in New York

I owe my landlord 2 months rent (June and July). We were scheduled to go to court on Friday 7/25 when the landlord's attorney called my husband (who is not on the lease nor a party to the case), and asked if we could adjourn until Monday as he had no other cases that day and didnt want to go into court for 1 case. My husband agreed without asking me or without the landlords lawyer speaking with me. My company had a mandatory seminar I was required to attend on Monday in another state and I was unable to make the court date without risking losing my job. I faxed the court a letter clearly stating so and asking for an adjournment until Thursday, July 31st, at which time enough funds came clear for me to pay the back rent in addition to August and September's rent.

It was not fair that the court granted the landlords attorney an adjournment 1 business day after the scheduled hearing date. First of all, I was not served with the new date. My husband was and he is not party to the case, on the lease and cannot speak for me and cannot tell the landlords lawyer I could make the proposed court date. Second, since it was only 1 business day and I did not have time to arrange for a lawyer to represent me, the court should have granted the adjournment as it was impossible for me to make the Monday date.

Are these good enough reasons for the judge to sign an Order to Show Cause and vacate the ruling and the eviction especially if I include all money owed and rent due for the next two months? Thank you for your help.

Asked on 7/31/14, 11:57 am

kevin connolly Kevin J. Connolly

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0 attorneys agreed

It's probably enough but you would be best served to have an attorney make the motion. Did you go to court on 7/25?

Answered on 7/31/14, 12:27 pm

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