Eviction Permanently Delayed

December 1, 1997

LVT Number: 11924

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement by which tenant was required to pay back rent. Landlord tried to go forward with the eviction warrant when tenant didn't comply with the agreement. Tenant asked the court to delay the eviction. The court ruled against tenant, since tenant owed three months' rent when the order was issued and hadn't made payments under the court agreement. Tenant appealed and won. Since tenant had now paid all the back rent due, the court used its discretion to permanently delay the eviction.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement by which tenant was required to pay back rent. Landlord tried to go forward with the eviction warrant when tenant didn't comply with the agreement. Tenant asked the court to delay the eviction. The court ruled against tenant, since tenant owed three months' rent when the order was issued and hadn't made payments under the court agreement. Tenant appealed and won. Since tenant had now paid all the back rent due, the court used its discretion to permanently delay the eviction.

Yorkshire Towers Co. v. Gerardo: NYLJ, p. 28, col. 5 (11/17/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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