Tenant Can Vacate Default

July 31, 1999

LVT Number: 13418

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant showed both a reasonable excuse for his default and a meritorious defense to landlord's claims.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant showed both a reasonable excuse for his default and a meritorious defense to landlord's claims.

Bims Realty v. Jones: NYLJ, p. 32, col. 1 (7/16/99) (App. T.2 Dept.; Aronin, PJ, Scholnick, Chetta, JJ)

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