Tenant Can't Vacate Default

January 1, 2004

LVT Number: 17057

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court ruled for tenant in part. The court refused to vacate the judgment but delayed execution of the eviction warrant. Tenant appealed and lost. Tenant presented no valid excuse for his default. And tenant had no defense to the nonpayment claim.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court ruled for tenant in part. The court refused to vacate the judgment but delayed execution of the eviction warrant. Tenant appealed and lost. Tenant presented no valid excuse for his default. And tenant had no defense to the nonpayment claim.

Susan Ray Equities Inc. v. Anderson: NYLJ, 12/9/03, p. 26, col. 3 (App. T. 2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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