Landlord Can't Vacate Default

May 31, 1996

LVT Number: 10610

HPD sued landlord to obtain services at landlord's building. Landlord didn't appear in court, and the court ruled against landlord. Landlord later asked the court to vacate the default order. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord didn't present an excuse for the default or a meritorious defense. Landlord claimed his father was sick on the court date but didn't present proof that a doctor treated him.

HPD sued landlord to obtain services at landlord's building. Landlord didn't appear in court, and the court ruled against landlord. Landlord later asked the court to vacate the default order. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord didn't present an excuse for the default or a meritorious defense. Landlord claimed his father was sick on the court date but didn't present proof that a doctor treated him. Landlord also didn't show that the fuel delivered to the building was sufficient to service the needs of the building during the time in question.

HPD v. Outram: NYLJ, p. 30, col. 6 (5/20/96) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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