Eviction Warrant Can Go Forward

May 31, 1993

LVT Number: 7012

Landlord sued to evict tenant. Landlord and tenant entered into a stipulation of settlement in court. When tenant didn't comply with the stipulation, landlord asked the court to carry out the eviction warrant, which had been delayed so that tenant could comply with the stipulation. Tenant then asked the court to further delay the eviction warrant. The court agreed, and landlord appealed. The appeals court reversed. Tenant offered no valid excuse for not complying with the stipulation of settlement.

Landlord sued to evict tenant. Landlord and tenant entered into a stipulation of settlement in court. When tenant didn't comply with the stipulation, landlord asked the court to carry out the eviction warrant, which had been delayed so that tenant could comply with the stipulation. Tenant then asked the court to further delay the eviction warrant. The court agreed, and landlord appealed. The appeals court reversed. Tenant offered no valid excuse for not complying with the stipulation of settlement.

Hamilton Hall Realty Corp. v. Fantakos: NYLJ, p. 30, col. 3 (5/3/93) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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