Tenant Can't Vacate Eviction Warrant

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant then asked the court to vacate the eviction warrant, claiming improper service of the petition. Tenant didn't appear for the court hearing on the issue of service, so her request was denied. Tenant claimed she had the flu on that date and asked for another delay. The court granted tenant's request, and tenant came forth with the back rent owed. The court then vacated the default judgment against tenant. Landlord appealed, claiming that there was no reason to vacate the default; landlord didn't want to revive the tenancy. The appeals court ruled for landlord. Tenant had no justifiable excuse for her defaults and no meritorious defense for nonpayment.

Newton Ave. Assocs. v. Hailazopoulos: NYLJ, p. 29, col. 6 (4/2/96) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)