Tenant Can't Vacate Default of Chronic Nonpayment Case
LVT Number: 18610
Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord. Tenant appealed and lost. After appearing in court previously, tenant didn't appear on the trial date. Tenant then asked the court to vacate the default. The court ruled against tenant. Tenant appealed and lost. Tenant claimed that he was told to appear on a different date. But review of the court tape shows that the court clearly and repeatedly told tenant when to return for trial. Tenant also didn't comply with the court's instructions to file an answer to landlord's petition. So tenant showed a pattern of default. Tenant also didn't set forth a potentially meritorious defense. There was no indication that there were any apartment conditions or mistake in the amount claimed by landlord that would excuse tenant's nonpayment.
Metropolitan Insurance & Annuity Co. v. Eromosele: NYLJ, 1/25/06, p. 27, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)