Tenant Can't Vacate Default

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge and partial eviction based on landlord's failure to provide certain apartment services. Landlord asked the court to dismiss tenant's claims. Tenant didn't appear in court on the day these issues were to be argued. The court ruled for landlord and dismissed tenant's claims based on tenant's default. Tenant later didn't appear for the actual trial and the court awarded judgment to landlord based on tenant's default. Tenant later asked the court to vacate the defaults, claiming his attorney had made errors about the court dates. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant can't be excused based on his attorney's repeated neglect. Tenant also could have vacated the defaults by paying landlord a specified part of the back rent. Tenant didn't do so.

452 Wyckoff Corp. v. Duran: NYLJ, p. 30, col. 3 (2/16/99) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)