Tenant Waited Too Long to Vacate Default

March 1, 2001

LVT Number: 14802

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord then asked for attorney's fees. The court ruled that landlord was entitled to attorney's fees. Tenant didn't appear in court for the attorney's fees hearing. Two years later, tenant asked the court to vacate the default. The court ruled against tenant. Tenant appealed and lost. Tenant didn't show a reasonable excuse for not appearing at the hearing or a meritorious defense to landlord's claim for attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord then asked for attorney's fees. The court ruled that landlord was entitled to attorney's fees. Tenant didn't appear in court for the attorney's fees hearing. Two years later, tenant asked the court to vacate the default. The court ruled against tenant. Tenant appealed and lost. Tenant didn't show a reasonable excuse for not appearing at the hearing or a meritorious defense to landlord's claim for attorney's fees. Tenant also waited for a long time without explanation before seeking to vacate the default.

650 W. 171 Equities Corp. v. Narvaez: NYLJ, 2/23/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)

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