Tenant Shows Valid Excuse and Meritorious Defense to Vacate Default Judgment

Landlord sued to evict tenant. The court ruled for landlord based on tenant’s default. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and won. Tenant showed that she sought to vacate the default judgment within hours. She stated that she had been prevented from appearing in court that morning because HPD was conducting an inspection. Tenant also claimed that she, and not the court petitioner, was the owner of the building. Therefore, tenant showed an excuse for her default and an arguably meritorious defense. The default judgment was vacated.

Jacob Marion, LLC v. Bey: Index No.2014-2819, NYLJ No. 1202750759875 App. T. 2 Dept.; 2/23/16; Pesce, PJ, Weston, Solomon, JJ)