Tenant Can Vacate Default

January 1, 2005

LVT Number: 17808

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and won. Tenant showed a reasonable excuse for her default and had a meritorious defense. It looked as if landlord didn't properly deliver the written rent demand to tenant before starting the court case. Tenant also denied that the amount claimed was owed and showed some proof of payment of the rent amount sought.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and won. Tenant showed a reasonable excuse for her default and had a meritorious defense. It looked as if landlord didn't properly deliver the written rent demand to tenant before starting the court case. Tenant also denied that the amount claimed was owed and showed some proof of payment of the rent amount sought.

KC Winthrop Realty LLC v. Maloney: NYLJ, 12/13/04, p. 34, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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