Subtenant in Illegal Sublet Case Shows No Reason to Vacate Default Judgment

Landlord sued to evict tenant for illegally subletting his apartment. The court ruled against tenant after tenant failed to appear in court or file an answer. The subtenant also failed to appear on an adjourned trial date. The subtenant later asked the court to vacate the final judgment entered against him and to have Judge Barany, who had decided the case, recuse himself.

The court ruled against subtenant, who appealed and lost.  To vacate the default judgment, the subtenant was required to demonstrate both a reasonable excuse for the default and a potentially meritorious defense to the proceeding. The subtenant didn't rebut the claim of landlord's attorney that he personally informed undertenant of the adjourned trial date. There had been no legal disqualification of the judge and the judge therefore was the sole decider of recusal absent any showing by the subtenant of an improvident exercise of discretion.

Ambassador Cts. Assoc. LP v. Hecht: Index No. 2022-804 KC, 2023 NY Slip Op 50586(U))(App. T. 2 Dept.; 5/28/23; Ottley, JP, Mundy, Ventura,JJ