Tenant Waited 20 Months Before Trying to Vacate Default

May 31, 1996

LVT Number: 10641

Landlord sued tenant for back rent. The court ruled for landlord based on tenant's default. Twenty months later, tenant asked the court to vacate the default. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Tenant presented no reasonable excuse for her long delay. This showed a willingness to agree to the terms of the judgment. Tenant also presented no meritorious defense.

Landlord sued tenant for back rent. The court ruled for landlord based on tenant's default. Twenty months later, tenant asked the court to vacate the default. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Tenant presented no reasonable excuse for her long delay. This showed a willingness to agree to the terms of the judgment. Tenant also presented no meritorious defense.

Amsterdam v. Maldonado: NYLJ, p. 26, col. 1 (5/24/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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