Tenant Didn't Show Reasonable Excuse for Default

January 1, 2005

LVT Number: 17809

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court for trial. Tenant later asked the court to vacate the default judgment and eviction warrant. The court ruled for tenant. Landlord appealed and won. Tenant had claimed that she didn't get notice that landlord sought to restore the case to the court's trial calendar at some point after it was marked off. But tenant admitted she had landlord's motion papers. And landlord sent tenant a letter notifying her of the trial date. Landlord had proof of mailing of this letter.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court for trial. Tenant later asked the court to vacate the default judgment and eviction warrant. The court ruled for tenant. Landlord appealed and won. Tenant had claimed that she didn't get notice that landlord sought to restore the case to the court's trial calendar at some point after it was marked off. But tenant admitted she had landlord's motion papers. And landlord sent tenant a letter notifying her of the trial date. Landlord had proof of mailing of this letter. So tenant didn't show a sufficient excuse for her default.

KC 150 Realty Corp. v. Stafford: NYLJ, 12/13/04, p. 35, col. 1 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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