Tenant Must Pay Portion of Back Rent Owed to Vacate Default

July 31, 1996

LVT Number: 10789

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled for tenant on the condition that he pay a portion of the back rent owed into court. Tenant appealed and lost. The trial court's condition was reasonable, especially since tenant had waited five months before seeking to vacate the default judgment.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant later asked the court to vacate the default judgment. The court ruled for tenant on the condition that he pay a portion of the back rent owed into court. Tenant appealed and lost. The trial court's condition was reasonable, especially since tenant had waited five months before seeking to vacate the default judgment.

Blackjack Realty Corp. v. Romero: NYLJ, p. 25, col. 4 (7/9/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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