Tenant Can't Vacate Default

April 1, 2003

LVT Number: 16460

(Decision submitted by Dawn R. Myers of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict apartment licensee. Licensee didn't appear in court on a number of occasions. Three default judgments were entered. Two were vacated at licensee's request. Licensee asked the court to vacate the third default judgment. The court ruled for licensee. Landlord appealed and won. Licensee showed no proof that she was sick on the date of her third default and presented no meritorious defense. She claimed only that she needed time to move.

(Decision submitted by Dawn R. Myers of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict apartment licensee. Licensee didn't appear in court on a number of occasions. Three default judgments were entered. Two were vacated at licensee's request. Licensee asked the court to vacate the third default judgment. The court ruled for licensee. Landlord appealed and won. Licensee showed no proof that she was sick on the date of her third default and presented no meritorious defense. She claimed only that she needed time to move. Licensee made a pass-on claim to the apartment in her answer but this was contradicted by her testimony at pretrial questioning. Licensee simply sought to delay the case by her repeated defaults. The judgment and eviction warrant were reinstated.

348 West 118 LLC v. Robinson: NYLJ, 3/21/03, p. 18, col. 2 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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