Tenant Can't Vacate Default Judgment

February 8, 2012

LVT Number: #23920

Landlord sued to eject tenant and to recover use and occupancy. The court ruled for landlord based on tenant's default and authorized entry of a default judgment. Tenant then asked the court to vacate the default judgment. The court and appeals court ruled against tenant. Even if tenant had a reasonable excuse for failing to appear in court, she didn't have a meritorious defense to landlord's claim seeking ejectment. Tenant's papers were vague and conclusory and provided no factual defense.

Landlord sued to eject tenant and to recover use and occupancy. The court ruled for landlord based on tenant's default and authorized entry of a default judgment. Tenant then asked the court to vacate the default judgment. The court and appeals court ruled against tenant. Even if tenant had a reasonable excuse for failing to appear in court, she didn't have a meritorious defense to landlord's claim seeking ejectment. Tenant's papers were vague and conclusory and provided no factual defense.

2261 Palmer Avenue Corporation v. Malick: 2012 NY Slip Op 00506, 2012 WL 234137 (App. Div. 2 Dept.; 1/24/12; Florio, JP Belen, Roman, Sgroi, JJ)

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