Tenant Can't Vacate Default Judgment

LVT Number: #24509

Landlord sued to evict unregulated tenant after tenant's lease expired. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, who appealed and lost. Tenant may have had a reasonable excuse for not appearing in court due to medical reasons. But tenant didn't have a meritorious defense to landlord's eviction claim. Contrary to tenant's claim that she had a lease in effect that was signed by prior landlord, tenant's lease had expired and she presented no proof of any renewal lease. The fact that tenant had filed a pending discrimination complaint with the State Division of Human Rights also wasn't grounds to vacate the default judgment.

Lily East 81st LLC v. Kristopher: 37 Misc.3d 134(A), 2012 NY Slip Op 52088(U) (App. T. 1 Dept.; 11/9/12; Lowe III, PJ, Schoenfeld, Torres, JJ)