Tenant Can't Vacate Default Judgment

October 31, 2008

LVT Number: #20797

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord after tenant failed to appear. Tenant later asked the court to vacate the default judgment. The court ruled for tenant. Landlord appealed and won. Tenant presented no excuse for his failure to appear in court and no meritorious defense to the claim for back rent. Tenant also had a history of nonpayment both before and during the nonpayment proceeding. The default judgment was restored.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord after tenant failed to appear. Tenant later asked the court to vacate the default judgment. The court ruled for tenant. Landlord appealed and won. Tenant presented no excuse for his failure to appear in court and no meritorious defense to the claim for back rent. Tenant also had a history of nonpayment both before and during the nonpayment proceeding. The default judgment was restored.

Chelsea 19 Associates v. James: NYLJ, 10/17/08, p. 37, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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