Court Can't Direct Tenant as to Payment of Future Rent

December 1, 1994

LVT Number: 9335

Tarrytown landlord sued to evict tenant for nonpayment of rent. Tenant paid all the back rent owed, and landlord accepted it as payment in full. But, instead of dismissing the case, the court ordered tenant to pay future rent by the 10th of each month. Tenant appealed, and the appeals court ruled for tenant. The lower court didn't have the authority to order tenant when to pay future rent . The court should just have dismissed the case when tenant paid his back rent.

Tarrytown landlord sued to evict tenant for nonpayment of rent. Tenant paid all the back rent owed, and landlord accepted it as payment in full. But, instead of dismissing the case, the court ordered tenant to pay future rent by the 10th of each month. Tenant appealed, and the appeals court ruled for tenant. The lower court didn't have the authority to order tenant when to pay future rent . The court should just have dismissed the case when tenant paid his back rent.

Harte v. Cornacchia: NYLJ, p. 33, col. 6 (11/8/94) (App. T. 9 Dept.; DiPaola, JP, Collins, Ingrassia, JJ)

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