Tenant Can't Vacate Default

April 1, 1999

LVT Number: 13122

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 judgment. The court ruled against tenant, and tenant appealed. Tenant claimed that landlord should also have named tenant's mother in the case, and sent tenant's mother a three-day rent demand and the court papers. The appeals court ruled against tenant. Tenant's mother wasn't a tenant and it wasn't necessary to name her in the nonpayment case.

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 judgment. The court ruled against tenant, and tenant appealed. Tenant claimed that landlord should also have named tenant's mother in the case, and sent tenant's mother a three-day rent demand and the court papers. The appeals court ruled against tenant. Tenant's mother wasn't a tenant and it wasn't necessary to name her in the nonpayment case.

Alef Realty Mgmt. Co. v. Vidal: NYLJ, p. 29, col. 3 (3/18/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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