Tenant Can't Vacate Default Judgment
LVT Number: #24091
Landlord sued to evict tenant. The court ruled for landlord after tenant failed to appear for trial. The court later denied tenant's request to vacate the default judgment. Tenant appealed and lost. Tenant claimed that she had been ill and that the court papers were improperly delivered to her. But tenant failed to show a reasonable excuse for her default or a meritorious defense. Landlord submitted a detailed affidavit of service of the court papers. Tenant's conclusory denial that she received the papers wasn't sufficient to rebut the presumption of proper service.
Endlich v. Sweet: NYLJ, 4/3/12, p. 22, col. 5 (App. T. 2 Dept.; Pesce, PJ, Weston, Rios, JJ)