Tenant Can Vacate Default

April 1, 1994

LVT Number: 8719

Landlord sued to evict Rockland County tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court refused, finding that tenant didn't pay her rent on time. Tenant appealed. The appeals court ruled for tenant. Tenant showed excusable default and has paid all the rent demanded in landlord's petition.

Landlord sued to evict Rockland County tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court refused, finding that tenant didn't pay her rent on time. Tenant appealed. The appeals court ruled for tenant. Tenant showed excusable default and has paid all the rent demanded in landlord's petition.

Mazel & White Management v. Murphy: NYLJ, p. 30, col. 1 (3/14/94) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassi, JJ)

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