Tenants Can't Vacate Default

November 1, 2003

LVT Number: 16921

Landlord sued to evict tenants for nonpayment of rent. The court ruled for landlord based on tenants' failure to appear in court. Tenants later asked the court to vacate the default. The court ruled against tenants. Tenants appealed and lost. Tenants didn't show a reasonable excuse or a meritorious defense. They claimed payment but owed over $24,000. And they showed no proof that they didn't get notice of the trial date.

Landlord sued to evict tenants for nonpayment of rent. The court ruled for landlord based on tenants' failure to appear in court. Tenants later asked the court to vacate the default. The court ruled against tenants. Tenants appealed and lost. Tenants didn't show a reasonable excuse or a meritorious defense. They claimed payment but owed over $24,000. And they showed no proof that they didn't get notice of the trial date.

Avenue O Realty LLC v. Bokovza: NYLJ, 10/27/03, p. 28, col. 3 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

Topics

More like this