Eviction Warrant Can Go Forward

December 1, 1995

LVT Number: 10166

(Decision submitted by Magda Cruz of the Manhattan law firm of Belkin Burden Wenick & Goldman, LLP, attorneys for the landlord.) Landlord sued to evict tenant. Landlord and tenant entered into a stipulation stating that the eviction would be permanently delayed as long as tenant occupied the apartment for some part of each year. Landlord later asked the court to permit eviction, claiming that tenant had violated the stipulation. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord.

(Decision submitted by Magda Cruz of the Manhattan law firm of Belkin Burden Wenick & Goldman, LLP, attorneys for the landlord.) Landlord sued to evict tenant. Landlord and tenant entered into a stipulation stating that the eviction would be permanently delayed as long as tenant occupied the apartment for some part of each year. Landlord later asked the court to permit eviction, claiming that tenant had violated the stipulation. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Tenant, who was in her 90s, lived in Israel and hadn't returned to the apartment since 1990. While the stipulation as worded didn't require tenant to maintain the apartment as her primary residence, it did require her to ''occupy'' the apartment, which she no longer did.

Sharp v. Stavisky: NYLJ, p. 25, col. 2 (11/20/95) (App. Div. 1 Dept.; Murphy, PJ, Ellerin, Kupferman, Asch, Mazzarelli, JJ)

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