Tenant Can't Vacate Default

February 1, 2004

LVT Number: 17102

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord based on tenant's default. After eviction, tenant asked the court to vacate the default judgment and restore him to possession. The court ruled against tenant. Tenant appealed and lost. Tenant raised no meritorious defense. Tenant also showed no proof of payment and raised some arguments for the first time on appeal, which he could not do.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord based on tenant's default. After eviction, tenant asked the court to vacate the default judgment and restore him to possession. The court ruled against tenant. Tenant appealed and lost. Tenant raised no meritorious defense. Tenant also showed no proof of payment and raised some arguments for the first time on appeal, which he could not do.

Washington Realty Co. v. Acheampong: NYLJ, 1/2/04, p. 26, col. 6 (App. T. 2; Pesce, PJ, Aronin, Rios, JJ)

Topics

More like this