Tenant Presented No Excusable Default to Vacate Eviction Warrant

Landlord sued to evict tenant after NYCHA determined that tenant's chronic rent delinquency violated her lease. The court ruled for landlord after an inquest, but the warrant clerk denied landlord's request for an eviction based on minor defects in the court papers. The court granted landlord's requests to correct the defects, including the ZIP code listed on the petition. Tenant later asked the court to vacate the default judgment and warrant.

The court ruled against tenant because she didn't show a reasonable excuse for her default. Tenant claimed that she wasn't aware she had to return to court after the court granted her order to show cause for a stay pending a hearing, but she signed a court stipulation to the contrary. Tenant also claimed that she had filed an Article 78 court appeal of NYCHA's ruling and she thought that stayed any other court proceedings. But she didn't present any proof to support that claim. Tenant also didn't move quickly to vacate the default, instead waiting over three years until she received the marshal's notice of eviction. Since tenant didn't show an excusable default, the court didn't consider whether she had a meritorious defense. The court stayed execution on the eviction warrant to Jan. 31, 2020, so that tenant could "vacate with dignity."

NYCHA, Webster Houses v. Guzman: 2019 NY Slip Op 51923(U), Index No. 800166/16 (Civ Ct. Bronx; 11/25/19; Sanchez, J)