Civil Court Had Authority to Award Use and Occupancy

April 1, 2003

LVT Number: 16459

Landlord sued to evict tenant. The court ruled for landlord after a trial but later ruled there was a mistrial. Landlord asked the court to award use and occupancy. The court ruled for landlord. Tenant appealed and lost. Even after a mistrial, the civil court had the authority to award use and occupancy based on a settlement agreement between landlord and tenant that all ongoing use and occupancy be paid without prejudice during any ongoing litigation.

Landlord sued to evict tenant. The court ruled for landlord after a trial but later ruled there was a mistrial. Landlord asked the court to award use and occupancy. The court ruled for landlord. Tenant appealed and lost. Even after a mistrial, the civil court had the authority to award use and occupancy based on a settlement agreement between landlord and tenant that all ongoing use and occupancy be paid without prejudice during any ongoing litigation.

1860-1862 Lexington Ave. v. Memishaj: NYLJ, 3/21/03, p. 18, col. 2 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, JJ)

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