Tenant Can't Vacate Default

December 1, 1993

LVT Number: 8377

Landlord sued to evict tenant. The court ruled for landlord because tenant didn't appear in court. Tenant then came forward, and landlord asked the court to vacate the default. The court refused, and tenant appealed. The appeals court also ruled against tenant, and tenant appealed again. The appellate court ruled against tenant. Tenant's attorney knew or should have known that landlord's request for judgment was marked final. He'd been notified by the court and landlord's attorney. Tenant also showed no meritorious defense to the eviction action.

Landlord sued to evict tenant. The court ruled for landlord because tenant didn't appear in court. Tenant then came forward, and landlord asked the court to vacate the default. The court refused, and tenant appealed. The appeals court also ruled against tenant, and tenant appealed again. The appellate court ruled against tenant. Tenant's attorney knew or should have known that landlord's request for judgment was marked final. He'd been notified by the court and landlord's attorney. Tenant also showed no meritorious defense to the eviction action. Tenant's interim lease and purchase agreements made clear that not paying the balance of the purchase price on the closing date constituted a default under the lease. Landlord could cancel the lease and start eviction proceedings.

Dash Realty Corp. v. Barbosa: NYLJ, p. 27, col. 1 (11/18/93) (App. Div. 1 Dept.; Murphy, PJ, Wallach, Kupferman, Asch, JJ)

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