Tenant Can Vacate Default

April 30, 1996

LVT Number: 10590

Landlord sued to evict tenant for an illegal sublet. Tenant didn't appear in court for trial, and the court ruled for landlord. Soon thereafter, tenant asked the court to vacate the judgment and eviction warrant. The court ruled against tenant, and tenant appealed. The appeals court reversed and ruled for tenant. Tenant missed the court date because he was attending his mother's funeral in Puerto Rico. Tenant made his request to vacate the default judgment quickly and arguably had a meritorious defense. The case was sent back for a trial.

Landlord sued to evict tenant for an illegal sublet. Tenant didn't appear in court for trial, and the court ruled for landlord. Soon thereafter, tenant asked the court to vacate the judgment and eviction warrant. The court ruled against tenant, and tenant appealed. The appeals court reversed and ruled for tenant. Tenant missed the court date because he was attending his mother's funeral in Puerto Rico. Tenant made his request to vacate the default judgment quickly and arguably had a meritorious defense. The case was sent back for a trial.

Moslin v. Concepcion: NYLJ, p. 25, col. 5 (4/16/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freeman, JJ)

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