Guarantor Can't Vacate Default

November 1, 1996

LVT Number: 11015

Landlord sued tenant for rent after tenant moved out. Tenant didn't appear in court, and the court ruled for landlord. Tenant's lease guarantor then asked the court to vacate the default judgment. The court ruled against guarantor, and she appealed. The appeals court again ruled against guarantor. The fact that guarantor wasn't represented by an attorney didn't matter, since the result would be the same.

Landlord sued tenant for rent after tenant moved out. Tenant didn't appear in court, and the court ruled for landlord. Tenant's lease guarantor then asked the court to vacate the default judgment. The court ruled against guarantor, and she appealed. The appeals court again ruled against guarantor. The fact that guarantor wasn't represented by an attorney didn't matter, since the result would be the same.

R & S Lavanant v. Evans: NYLJ, p. 21, col. 2 (10/1/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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