Tenant Can't Vacate Default

December 1, 2005

LVT Number: 18516

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and lost. Tenant was represented by an attorney. Even if he showed a reasonable excuse for the default based on unintentional failure to appear in court, he didn't show any meritorious defense to the action. There wasn't sufficient proof to support tenant's claim that landlord had interfered with tenant's attempt to sublet the apartment.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and lost. Tenant was represented by an attorney. Even if he showed a reasonable excuse for the default based on unintentional failure to appear in court, he didn't show any meritorious defense to the action. There wasn't sufficient proof to support tenant's claim that landlord had interfered with tenant's attempt to sublet the apartment.

Arlit Flushing Assocs. v. Sherman: NYLJ, 11/3/05, p. 24, col. 4 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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