Tenant Can't Vacate Default Judgment

August 31, 2001

LVT Number: 15236

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant then asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and lost. Tenant didn't show that his default was excusable or that he had an adequate defense. Tenant claimed that heat and stove problems existed, but an HPD inspection didn't support this claim. Also, when the lower court gave tenant a chance to pay back rent, he moved out instead.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant then asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and lost. Tenant didn't show that his default was excusable or that he had an adequate defense. Tenant claimed that heat and stove problems existed, but an HPD inspection didn't support this claim. Also, when the lower court gave tenant a chance to pay back rent, he moved out instead.

James v. Mousto: NYLJ, 8/8/01, p. 19, col. 2 (App. T.2 Dept.; Scholnick, PJ, Patterson, Rios, JJ)

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