The plaintiffs brought a motion for default judgment in a landlord and tenant dispute involving approximately $300,000 in rent arrears.
The defendants resisted and moved to set aside the noting of default.
On the day of the hearing, the parties presented a proposed consent order to terminate the tenancy and grant a writ of possession.
The court declined to issue the order because it mistakenly stated that one of the defendants had been noted in default, failed to properly identify that defendant, and did not address an outstanding counterclaim.
The motion was adjourned to allow the parties to either argue the motion on its merits or resolve the issues.