Bankrupt Tenant Can't Vacate Eviction Warrant

Facts: Landlord sued to evict tenant for nonpayment of rent in May 1994. At that point tenant owed six months' rent, totaling $2,700. Tenant didn't appear for trial in June, and the court ruled for landlord. Tenant thereafter appeared in court several times in 1994. She got the judgment vacated and agreed to pay the back rent owed. She didn't do so, and an eviction warrant was issued. Tenant got several delays of the eviction warrant but never paid any back rent, which continued to mount. In March 1995 tenant asked for yet another delay and informed the court that she had filed for bankruptcy. Landlord asked the bankruptcy court to lift the automatic stay barring all creditors from proceeding against tenant. The bankruptcy court ruled for landlord, but tenant still claimed the bankruptcy gave her good cause to vacate the nonpayment judgment and eviction warrant. Court: Tenant loses. When tenant filed her bankruptcy petition, her lease had already ended and she had no rights to the apartment. And the fact that landlord accepted May 1995 rent from tenant didn't reinstate her. Tenant was supposed to be paying the rent all along under her stipulations. She now owed landlord more than $10,000.

Lafayette-Morrison Housing Corp. v. Robinson: NYLJ, p. 32, col. 5 (11/1/95) (Civ. Ct. Bronx; Fiorella, J)