Tenant Had No Reasonable Excuse for Failing to Appear in Court

January 25, 2017

LVT Number: #27468

Landlord sued to evict tenant. When tenant failed to appear in court on an adjourned trial date, the court held an inquest and ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and lost. Tenant didn’t show a reasonable excuse for the default or a meritorious defense. In this case, tenant failed to show a reasonable excuse for not appearing in court for trial. It was therefore unnecessary to consider whether tenant had a meritorious defense.

 

 

 

Landlord sued to evict tenant. When tenant failed to appear in court on an adjourned trial date, the court held an inquest and ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and lost. Tenant didn’t show a reasonable excuse for the default or a meritorious defense. In this case, tenant failed to show a reasonable excuse for not appearing in court for trial. It was therefore unnecessary to consider whether tenant had a meritorious defense.

 

 

 

65-60 Realty Company, LLC v. Komatsu: Index No. 2015-540, NYLJ No. 1202775265166 (App. T. 2 Dept.; 12/7/16; Pesce, PJ, Weston, Aliotta, JJ)

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