Tenant Can't Vacate Default Judgment

June 28, 2012

LVT Number: #24171

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to respond. Tenant later asked the court to vacate the default judgment. The court refused. Tenant appealed and lost. Tenant claimed that the court lacked personal jurisdiction over her because the nonpayment petition wasn't properly delivered. But the process server's sworn statement said that the papers were personally delivered to tenant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to respond. Tenant later asked the court to vacate the default judgment. The court refused. Tenant appealed and lost. Tenant claimed that the court lacked personal jurisdiction over her because the nonpayment petition wasn't properly delivered. But the process server's sworn statement said that the papers were personally delivered to tenant. Tenant's conclusory claim wasn't enough to rebut the presumption that the papers were delivered as stated in the process server's affidavit of service.

104 Realty LLC v. Johnson: 35 Misc.3d 148(A), 2012 NY Slip Op 51077(U)

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