Evicted Tenant Can't Vacate Warrant

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed he owed landlord $4,000 and consented to entry of a judgment and issuance of an eviction warrant. The court delayed eviction for a month, until Aug. 31, to allow tenant to pay. Tenant didn't pay, even after the court allowed another short delay of eviction. The court ordered the tenant's eviction on Oct. 22. After the eviction, tenant asked the court to vacate the eviction warrant. The court ruled against tenant. RPAPL Section 749(3) allows the court to vacate an eviction warrant for good cause. But at the time of the eviction warrant, the tenant owed $5,225, and landlord had spent over $2,000 in attorney's and marshal's fees trying to collect rent from tenant.

Starrett City, Inc. v. Hammond: L&T Index No. 81072/04 (10/26/04) (Civ. Ct. Kings; Pinckney, J) [4-pg. doc.]