Tenant Can't Vacate Default

March 1, 2003

LVT Number: 16387

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant asked the court again to vacate the default. This time, tenant claimed that landlord didn't send copies of the notices to tenant's actual address. The court again ruled against tenant. Tenant appealed and lost. Tenant didn't raise the argument about delivery of the papers the first time he asked the court to vacate the default and didn't explain why when he made the second request.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant asked the court again to vacate the default. This time, tenant claimed that landlord didn't send copies of the notices to tenant's actual address. The court again ruled against tenant. Tenant appealed and lost. Tenant didn't raise the argument about delivery of the papers the first time he asked the court to vacate the default and didn't explain why when he made the second request.

Meadowlark Gardens Owners v. Ahmed: NYLJ, 2/21/03, p. 25, col. 1 (App. T.2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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