Tenant Can't Appeal from Default Judgment

April 1, 2003

LVT Number: 16461

Landlord sued to evict tenant. After tenant didn't comply with the court's order granting landlord pretrial questioning, tenant's answer was deemed stricken. Tenant then didn't appear in court and a default judgment was entered for landlord. Tenant appealed and lost. Tenant didn't ask the lower court to vacate the default judgment and can't appeal directly from the default. In addition, tenant showed no valid excuse for not complying with the court's direction to answer pretrial questions. The judgment for landlord was upheld.

Landlord sued to evict tenant. After tenant didn't comply with the court's order granting landlord pretrial questioning, tenant's answer was deemed stricken. Tenant then didn't appear in court and a default judgment was entered for landlord. Tenant appealed and lost. Tenant didn't ask the lower court to vacate the default judgment and can't appeal directly from the default. In addition, tenant showed no valid excuse for not complying with the court's direction to answer pretrial questions. The judgment for landlord was upheld.

East 96th St. Co. LLC v. Leon: NYLJ, 3/26/03, p. 19, col. 2 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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