Tenant Had Notice of Court Date

January 1, 2005

LVT Number: 17805

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default. The court ruled for tenant. Landlord appealed and won. Tenant had claimed she didn't receive notice of landlord's request to restore the case to the court's calendar. But she had a copy of landlord's court papers. And landlord also sent her a letter with a certificate of mailing notifying her of the trial date set by the court. Tenant didn't show a reasonable excuse for her failure to answer landlord's request or to appear for trial.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default. The court ruled for tenant. Landlord appealed and won. Tenant had claimed she didn't receive notice of landlord's request to restore the case to the court's calendar. But she had a copy of landlord's court papers. And landlord also sent her a letter with a certificate of mailing notifying her of the trial date set by the court. Tenant didn't show a reasonable excuse for her failure to answer landlord's request or to appear for trial.

150 Realty Corp. v. Stafford: NYLJ, 12/17/04, p. 33, col. 1 (App. T. 1 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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