Evicted Tenant Showed No Good Cause to Be Restored to Possession

LVT Number: #30543

Landlord sued to evict tenant based on failure to sign a rent-stabilized renewal lease. The court ruled for landlord, and tenant was evicted. Tenant later asked the court to restore her to possession and give her a further opportunity to cure. The court ruled against tenant, who appealed and lost. Tenant offered no convincing excuse for her repeated failure to appear in court despite multiple notices from the court and landlord. And tenant never signed the proposed renewal lease, despite several opportunities to do so.

Landlord sued to evict tenant based on failure to sign a rent-stabilized renewal lease. The court ruled for landlord, and tenant was evicted. Tenant later asked the court to restore her to possession and give her a further opportunity to cure. The court ruled against tenant, who appealed and lost. Tenant offered no convincing excuse for her repeated failure to appear in court despite multiple notices from the court and landlord. And tenant never signed the proposed renewal lease, despite several opportunities to do so. This included a post-default judgment opportunity to cure in the form of a 10-day stay of eviction. Any error with respect to the apartment number on the notice of entry on the judgment after inquest was inconsequential since there was no proof that the error impaired delivery to tenant. Absent good cause shown, tenant's request to be restored to possession and for further opportunity to sign a renewal lease was properly denied.

84 W. 188 Realty LLC v. Evans: 2019 NY Slip Op 51865(U), Index No. 570236/19 (App. T. 1 Dept.; 11/22/19; Shulman, PJ, Cooper, Edmead, JJ)