Court Mistakenly Gave Landlord Judgment of Possession

December 19, 2019

LVT Number: #30541

Landlord sued to evict Yonkers tenant for illegal subletting. The court ruled for landlord based on tenant's failure to make a court-ordered rent deposit. Tenant appealed, and the case was reopened. It was an error for the lower court to enter a final judgment based on tenant's failure to make the court-ordered deposit. And tenant showed an excuse for failing to make the deposit, since landlord had refused to renew his lease and to sign a shelter allowance form. 

Landlord sued to evict Yonkers tenant for illegal subletting. The court ruled for landlord based on tenant's failure to make a court-ordered rent deposit. Tenant appealed, and the case was reopened. It was an error for the lower court to enter a final judgment based on tenant's failure to make the court-ordered deposit. And tenant showed an excuse for failing to make the deposit, since landlord had refused to renew his lease and to sign a shelter allowance form. 

Guzman v. Perez: 2019 NY Slip Op 51877(U), Index No. 2018-1594 (App. T. 2 Dept.; 11/21/19; Adams, PJ, Ruderman, Emerson, JJ)

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