Tenant Can Vacate Default

Landlord sued to evict tenant. Tenant didn't appear in court and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled for tenant because tenant showed both a reasonable excuse for his default and a meritorious defense. Tenant believably stated that his mailbox was broken and that he didn't receive landlord's notice of termination. Since becoming aware of the proceeding, tenant had otherwise diligently made court appearances. Tenant also may have a meritorious defense. Facts showed that landlord accepted rent during the window period in question. The court went further and dismissed landlord's petition for not alleging facts on which the proceeding was based, an issue tenant raised when he asked the court to vacate the default judgment.

City of New York v. Rogers: NYLJ, p. 31, col. 5(5/24/95) (Civ. Ct. Kings; Martino, J)