Tenant Can't Vacate Default

April 30, 2005

LVT Number: 18065

(Decision submitted by Manhattan attorney Adam Leitman Bailey, attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default. The court ruled against tenant. Tenant claimed that she was in the Dominican Republic when the case was in court, but offered no credible proof of this claim. Tenant's back rent also remained unpaid. So tenant had neither a valid excuse for her default nor a meritorious defense.

(Decision submitted by Manhattan attorney Adam Leitman Bailey, attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default. The court ruled against tenant. Tenant claimed that she was in the Dominican Republic when the case was in court, but offered no credible proof of this claim. Tenant's back rent also remained unpaid. So tenant had neither a valid excuse for her default nor a meritorious defense.

666 Properties LLC v. Elsevis: Index No. 51984/05 (Civ. Ct. NY 4/5/05; Wendt, J) [3-pg. doc.]

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