Court Can Issue New Eviction Warrant After Delay

September 11, 2012

LVT Number: #24309

Landlord bank that purchased building in foreclosure sale sued to evict tenant. The court ruled for landlord, which waited more than a year before taking further action. Landlord then asked the court for a new judgment of possession and eviction warrant. Tenant objected. The court ruled for landlord. Landlord claimed that it delayed executing the warrant to make sure it fully complied with foreclosure procedures set forth in Administrative Orders 548/10 and 431/11. And as long as a warrant remained unexecuted, the court had the power to sign a new warrant.

Landlord bank that purchased building in foreclosure sale sued to evict tenant. The court ruled for landlord, which waited more than a year before taking further action. Landlord then asked the court for a new judgment of possession and eviction warrant. Tenant objected. The court ruled for landlord. Landlord claimed that it delayed executing the warrant to make sure it fully complied with foreclosure procedures set forth in Administrative Orders 548/10 and 431/11. And as long as a warrant remained unexecuted, the court had the power to sign a new warrant.

JPMorgan Chase Bank v. Hanspal: Index No. LT-003075-10, NYLJ No. 1202568127594 (Dist. Ct. Nassau; 8/1/12; Fairgrieve, J)

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