Tenants Can't Vacate Default

June 30, 2004

LVT Number: 17428

Landlord sued to evict tenants for nonpayment of rent. Tenants didn't appear in court. The court ruled for landlord based on tenants' default. Tenants later asked the court to vacate the default judgment. The court ruled against tenants. They appealed and lost. Tenants had neither a reasonable excuse nor a good defense. They admitted that they moved out of the apartment owing rent. They claimed that they never received landlord's court petition, but this wasn't believable. They answered the petition and sought to vacate the judgment only after their bank account was restrained.

Landlord sued to evict tenants for nonpayment of rent. Tenants didn't appear in court. The court ruled for landlord based on tenants' default. Tenants later asked the court to vacate the default judgment. The court ruled against tenants. They appealed and lost. Tenants had neither a reasonable excuse nor a good defense. They admitted that they moved out of the apartment owing rent. They claimed that they never received landlord's court petition, but this wasn't believable. They answered the petition and sought to vacate the judgment only after their bank account was restrained.

55 Winthrop St. LLC v. Guerrier: NYLJ, 6/29/04, p. 26, col. 2 (App. T. 2 Dept.; Aronin, JP, Golia, Rios, JJ)

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