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Tenant Can’t Vacate Default

Issue Date: May 2005,

Posted On: 5/1/2005

Tenant Can’t Vacate Default

666 Properties LLC v. Elsevis: Index No. 51984/05 (Civ. Ct. NY 4/5/05; Wendt, J) [3pg. doc.]

(Decision submitted by Manhattan attorney Adam Leitman Bailey, attorney for the landlord.)

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant’s failure to appear in court. Tenant later asked the court to vacate the default. The court ruled against tenant. Tenant claimed that she was in the Dominican Republic when the case was in court, but offered no credible proof of this claim. Tenant’s back rent also remained unpaid. So tenant had neither a valid excuse for her default nor a meritorious defense.

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