Tenant Can't Vacate Default

March 1, 1993

LVT Number: 6823

Landlord sued to evict tenant. Tenant defaulted, and the City Court of New Rochelle ruled for landlord. Tenant then asked the court to vacate the default. The court refused, and tenant appealed. The appeals court again ruled not to vacate the default. Tenant presented no excuse for his default and no meritorious defense that would justify reopening the case.

Landlord sued to evict tenant. Tenant defaulted, and the City Court of New Rochelle ruled for landlord. Tenant then asked the court to vacate the default. The court refused, and tenant appealed. The appeals court again ruled not to vacate the default. Tenant presented no excuse for his default and no meritorious defense that would justify reopening the case.

[Romero v. Lapides: NYLJ, p. 24, col. 4 (2/17/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)].

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