Tenant Can't Vacate Default

November 1, 2000

LVT Number: 14516

Landlord sued to evict tenant after a building foreclosure. Tenant didn't appear in court, and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and lost. Tenant had no meritorious defense to the eviction because he had no real proof of a valid lease with prior landlord. And even if tenant had a lease, it was terminated by the foreclosure judgment. Also, tenant wasn't subject to rent regulation.

Landlord sued to evict tenant after a building foreclosure. Tenant didn't appear in court, and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and lost. Tenant had no meritorious defense to the eviction because he had no real proof of a valid lease with prior landlord. And even if tenant had a lease, it was terminated by the foreclosure judgment. Also, tenant wasn't subject to rent regulation.

Kumbec 71 TA Corp. v. Sivadel: NYLJ, 10/31/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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