Tenant Can't Vacate Default After Eviction

January 1, 1999

LVT Number: 12883

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. After he was evicted, tenant asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant had a history of paying the rent late and didn't show any meritorious defense 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. After he was evicted, tenant asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant had a history of paying the rent late and didn't show any meritorious defense to landlord's nonpayment claim.

Turken v. Schmitt: NYLJ, p. 25, col. 1 (12/1/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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