Tenant Owes Use and Occupancy

Landlord sued tenant to recover unpaid use and occupancy (U&O) after the court ruled for landlord in an eviction case against tenant. After tenant didn't appear for a trial of the U&O case, the court set it down for an inquest. Tenant then asked the court to vacate the default and restore the case to the trial calendar. Tenant claimed that he had moved out of the apartment and so didn't owe U&O for the eight-month period claimed by landlord. The court ruled for tenant. Landlord appealed and won. Tenant wasn't entitled to have the default judgment vacated because he didn't show that he had a meritorious defense to landlord's U&O claim. Landlord had proved in the eviction case that tenant was living in the apartment during the eight-month period in question.

Forest Royal Assocs. v. Rothchild: NYLJ, 1/5/04, p. 24, col. 3 (App. T 2 Dept.; Pesce, PJ, Aronin, Rios, JJ)