Tenant Presents No Potential Defense to Vacate Default in Eviction Case

July 23, 2019

LVT Number: #30261

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord at an inquest after tenant failed to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and lost. Even assuming that tenant had a reasonable excuse for failing to appear on a rescheduled trial date, she failed to demonstrate that she had a potentially meritorious defense.

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord at an inquest after tenant failed to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and lost. Even assuming that tenant had a reasonable excuse for failing to appear on a rescheduled trial date, she failed to demonstrate that she had a potentially meritorious defense. Tenant's separate discrimination complaint against landlord, filed with the State Division of Human Rights, also presented no grounds to vacate tenant's default. In any event, that complaint was dismissed on the merits after DHR held a hearing.

ADM Management Corp. v. Mathews: 64 Misc.3d 128(A), 2019 NY Slip Op 51005(U) (App. T. 1 Dept.; 6/19/19; Shulman, PJ, Cooper, Edmead, JJ)

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