Tenant Can't Reopen Case After Five Defaults

Landlord sued to evict tenant for nonpayment of rent. In October 1997, tenant signed a settlement agreement in court. She agreed to pay landlord back rent totaling $3,600 by Dec. 15, 1997. She also agreed to a judgment of possession in landlord's favor, which was delayed to allow her the time to pay. Tenant said she would obtain Jiggetts assistance--that is, an increase in the state's rent subsidy. Tenant never paid the back rent and was later evicted after arrears reached $6,600. In October 2005, tenant asked the court to lift a restraint on her bank account and restore the case to the court calendar. She claimed that Jiggetts and public assistance paid her rent. Tenant didn't appear in court for her own motion and later defaulted on at least three subsequent court dates after she filed new orders to show cause. Finally, the court denied tenant's request to set aside her initial default, after tenant defaulted on five occasions. Tenant appealed and lost. Tenant didn't show any excuse for her default or any meritorious defense. Even if Jiggetts agreed to pay tenant's rent and then failed to do so, this didn't relieve tenant of her responsibility for the rent under the original judgment.

2505 Bedford Realty Company v. Taitt: NYLJ, 4/21/08, p. 42, col. 1 (App. T. 2 Dept.; Golia, JP, Pesce, Rios, JJ)