Court Can't Impose Additional Requirement for Eviction

(Decision submitted by Lawrence Schiro of the Yonkers law firm of Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., attorneys for the landlord.) Landlord sued to evict tenant. The court ruled for landlord based on tenant's default and conditioned the issuance of the eviction warrant upon landlord's sending tenant a copy of the judgment. Landlord appealed, claiming that this extra requirement violated RPAPL section 732(3). The appeals court ruled for landlord. The law provides that if tenant defaults, a judge must rule for landlord and can't make the eviction conditional on additional requirements. So the court didn't have the discretion to impose an additional mailing requirement on landlord. This portion of the court's order was deleted.

Williams v. Kassim: Index No. 570308/97 (9/16/97) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ) [3-page document]