Tenant Didn't Have Excuse for Default

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the eviction warrant. She claimed that she went to landlord's office after receiving the three-day rent demand notice and notice of petition and petition. Tenant claimed that someone in landlord's office told her not to worry about the papers. The court ruled against tenant. Tenant admitted receiving all the necessary papers. Based on landlord's and tenant's testimony as to who worked in the office and who had information or authority to discuss such matters with tenant, the court found that tenant wasn't believable. Tenant also had no excuse for not paying rent.

Metro Court Redevelopment Co. v. Rivera: Index No. 104228/95 (1/10/96) (Civ. Ct. NY; Rashford, J) [5-page document]