Tenant Can't Vacate Default

March 1, 1998

LVT Number: 12159

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 and lost. Tenant had moved to Florida and didn't submit any sworn statement in support of her request to vacate the default. Tenant's son, who wanted to pay the rent, didn't prove that he'd lived with tenant in the apartment immediately before tenant moved. Tenant also raised no other defenses to landlord's nonpayment claim.

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 and lost. Tenant had moved to Florida and didn't submit any sworn statement in support of her request to vacate the default. Tenant's son, who wanted to pay the rent, didn't prove that he'd lived with tenant in the apartment immediately before tenant moved. Tenant also raised no other defenses to landlord's nonpayment claim.

W. 15th St. Assocs. v. Martinez: NYLJ, p. 25, col. 2 (2/24/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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