Tenant Didn't Comply with Stipulation

July 31, 1995

LVT Number: 9894

Landlord sued to evict tenant's licensee after tenant moved out. The court ruled for landlord. Landlord and licensee stipulated that licensee would pay use and occupancy (U&O) while the eviction was delayed. Licensee stopped paying the U&O, and landlord asked the court to issue the eviction warrant. Licensee didn't show up to defend himself, so the court found him in default and ruled for landlord. Licensee then asked the court to vacate the default judgment. The court refused and licensee appealed. The appeals court also ruled against licensee.

Landlord sued to evict tenant's licensee after tenant moved out. The court ruled for landlord. Landlord and licensee stipulated that licensee would pay use and occupancy (U&O) while the eviction was delayed. Licensee stopped paying the U&O, and landlord asked the court to issue the eviction warrant. Licensee didn't show up to defend himself, so the court found him in default and ruled for landlord. Licensee then asked the court to vacate the default judgment. The court refused and licensee appealed. The appeals court also ruled against licensee. Licensee showed no excusable reason for not showing up and no meritorious defense to landlord's court action.

Marosu Realty Corp. v. Taylor: NYLJ, p. 29, col. 2 (7/31/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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