Tenant Can't Vacate Default

November 1, 1996

LVT Number: 11002

Landlord sued to evict tenant for nonprimary residence. Tenant didn't respond to landlord's court papers, and the court ruled for landlord. Tenant then asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Landlord showed that tenant stayed at the apartment only occasionally and that the apartment was really occupied by tenant's roommates. Tenant claimed he couldn't afford a lawyer while the case was pending. This wasn't a reasonable excuse for his default.

Landlord sued to evict tenant for nonprimary residence. Tenant didn't respond to landlord's court papers, and the court ruled for landlord. Tenant then asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Landlord showed that tenant stayed at the apartment only occasionally and that the apartment was really occupied by tenant's roommates. Tenant claimed he couldn't afford a lawyer while the case was pending. This wasn't a reasonable excuse for his default.

Haimil Realty Corp. v. Buchanan: NYLJ, p. 24, col. 2 (10/3/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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