Tenant Can't Vacate Default Judgment

August 31, 2011

LVT Number: #23589

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 and eviction warrant. The court ruled for tenant only to the extent of delaying the eviction until Sept. 2, 2010, for payment of $6,300 in rent arrears. Tenant appealed and lost. Tenant didn’t present a reasonable excuse for his default. He claimed that he tried to “work it out” with landlord, but never claimed that landlord had agreed to discontinue the nonpayment proceeding.

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 and eviction warrant. The court ruled for tenant only to the extent of delaying the eviction until Sept. 2, 2010, for payment of $6,300 in rent arrears. Tenant appealed and lost. Tenant didn’t present a reasonable excuse for his default. He claimed that he tried to “work it out” with landlord, but never claimed that landlord had agreed to discontinue the nonpayment proceeding. Tenant also failed to show any meritorious defense to landlord’s claim about the rent due.

Good Realty LLC v. Weingarten: 32 Misc.3d 137(A), 2011 NY Slip Op 51538(U) (App. T. 2 Dept.; Pesce, PJ, Weston, Steinhardt, JJ; 8/4/11)

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