AFTER MULTIPLE DEFAULTS AND NONAPPEARANCES, DEFAULT JUDGMENT WAS LEFT INTACT
After 237 Realty LLC failed to appear for both the “final” trial date, and the inquest, which was conducted over a month thereafter, 237 filed a request to vacate the default judgment that was entered against the company. And when that application was denied by the New York County Civil Court, an appeal ensued.
On its review, the Appellate Term, First Department, noted that there had been “a series of defaults and nonappearances over the course of the litigation,” and that such conduct was inexcusable, particularly in the absence of a meritorious defense to the plaintiff’s case – which sought the return of her security deposit.
Given that the landlord’s unpaid rent and damage contentions were “vague and unsubstantiated,” the AT1 could find no basis to disturb the underlying denial and left the outcome undisturbed.
They clearly found the landlord at fault for its defaults ….
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DECISION