Tenant Can't Vacate Default

April 1, 1995

LVT Number: 9637

Landlord sued to evict tenant. Tenant didn't appear in court. The Nassau County court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court refused and tenant appealed. The appeals court again ruled against tenant. Tenant didn't act promptly to vacate the default and didn't explain the delay. Also, tenant didn't show enough of an excuse for his default or a defense on the merits of the case.

Landlord sued to evict tenant. Tenant didn't appear in court. The Nassau County court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court refused and tenant appealed. The appeals court again ruled against tenant. Tenant didn't act promptly to vacate the default and didn't explain the delay. Also, tenant didn't show enough of an excuse for his default or a defense on the merits of the case.

FGP Country Estates, Inc. v. Sarpong: NYLJ, p. 29, col. 3 (3/21/95) (App. T. 2 Dept.; Collins, JP, Ingrassia, Luciano, JJ)

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