Tenant Can't Vacate Default

February 1, 1998

LVT Number: 12092

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. The appeals court again ruled against tenant. Landlord proved that it had made valid conspicuous place service of its notice of petition and petition. And tenant admitted she owed the amount of rent demanded by landlord, except for one month. The lower court had given her credit for the disputed amount.

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. The appeals court again ruled against tenant. Landlord proved that it had made valid conspicuous place service of its notice of petition and petition. And tenant admitted she owed the amount of rent demanded by landlord, except for one month. The lower court had given her credit for the disputed amount. But the appeals court permanently delayed the eviction on the condition that tenant pay all outstanding back rent within five days after service of the appeals court's order.

Stahl York Ave. Co. v. Hankin: NYLJ, p. 24, col. 6 (1/2/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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