Tenant Can't Vacate Default Judgment

February 19, 2014

LVT Number: #25351

Landlord sued to evict tenant for nonpayment of rent in April 2013. Tenant answered the petition and claimed a number of defenses. The case was adjourned several times before the court ordered that the parties must be trial-ready on July 24. Tenant didn't appear on the trial date, and the court entered a default judgment for $16,800 in landlord's favor. Three months later, tenant asked the court to vacate the judgment. The court ruled against tenant, who showed neither a reasonable excuse for his default nor a meritorious defense.

Landlord sued to evict tenant for nonpayment of rent in April 2013. Tenant answered the petition and claimed a number of defenses. The case was adjourned several times before the court ordered that the parties must be trial-ready on July 24. Tenant didn't appear on the trial date, and the court entered a default judgment for $16,800 in landlord's favor. Three months later, tenant asked the court to vacate the judgment. The court ruled against tenant, who showed neither a reasonable excuse for his default nor a meritorious defense. Tenant claimed rent overcharge but had filed a still-pending DHCR overcharge complaint six months before landlord started the eviction proceeding. So tenant couldn't raise that defense in this case. To allow tenant to withdraw his DHCR complaint at this point would be unfair, and allow tenant to forum-shop and judge-shop. Tenant also offered no details in connection with his claim of breach of the warranty of habitability. 

3103 Realty v Kirbow: Index No. 68274/13, NYLJ No. 1202635577082 (Civ. Ct. Kings; 12/16/13; Marton, J)

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