Tenant Can't Vacate Default

April 1, 1995

LVT Number: 9584

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord after tenant didn't appear in court. Tenant later asked the court to vacate the default judgment against her. The court refused and tenant appealed. The appeals court also ruled against tenant. Tenant didn't show either a reasonable excuse for her default or a meritorious defense to the nonpayment action. Tenant owed over $6,000 in back rent at the time of eviction. Tenant showed no reason why she should be allowed to move back into the apartment, which had already been re-rented.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord after tenant didn't appear in court. Tenant later asked the court to vacate the default judgment against her. The court refused and tenant appealed. The appeals court also ruled against tenant. Tenant didn't show either a reasonable excuse for her default or a meritorious defense to the nonpayment action. Tenant owed over $6,000 in back rent at the time of eviction. Tenant showed no reason why she should be allowed to move back into the apartment, which had already been re-rented.

Capital Properties Company Carard Management Corp. v. Wild: NYLJ, p. 25, col. 1 (3/17/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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