Eviction Warrant Permanently Delayed

March 1, 1997

LVT Number: 11279

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant since tenant had no valid excuse for the default and no meritorious defense. However, the court permanently delayed execution of the eviction warrant since tenant had paid all back rent owed and had continued to pay use and occupancy.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the default judgment. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant since tenant had no valid excuse for the default and no meritorious defense. However, the court permanently delayed execution of the eviction warrant since tenant had paid all back rent owed and had continued to pay use and occupancy.

Artnor Realty Co. v. Swan: NYLJ, p. 27, col. 4 (2/3/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

Topics

More like this