Tenant Can't Vacate Default Judgment

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. After being evicted, tenant asked the court to vacate the default judgment, to restore tenant to possession, and to hold landlord in contempt of court. The court ruled against tenant, who appealed and lost.  After filing an answer to the nonpayment petition, tenant didn't appear on the initial court date. Tenant then made a number of motions by order to show cause both before and after her eviction, seeking to vacate the default judgment or, at a minimum, to permit access to retrieve her personal property. Tenant continued to fail to appear on court dates assigned to hear her motions. Finally, the court refused to grant any further motions to vacate the default judgment. The lower court properly ruled against tenant, who had no meritorious defense to the nonpayment demand and presented no excuse for her repeated defaults.

Jeffrey Zagelbaum Management LLC v. Walker: 44 Misc.3d 130(A), 2014 NY Slip Op 51034(U) (App. T. 2 Dept.; 7/1/14; Pesce, PJ, Aliotta, Elliott, JJ)