Tenant's Injury No Excuse for Default

December 1, 1999

LVT Number: 13718

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and lost. Tenant's injury in March 1998 wasn't a reasonable excuse for her defaults in June and July of that year. And tenant didn't show that she had a meritorious defense to landlord's case.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and lost. Tenant's injury in March 1998 wasn't a reasonable excuse for her defaults in June and July of that year. And tenant didn't show that she had a meritorious defense to landlord's case.

Caiola v. Bien: NYLJ, p. 30, col. 3 (11/24/99) (App. T.1 Dept.; Freedman, JP, McCooe, Davis, JJ)

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