Eviction Warrant Reinstated After Bankruptcy Case Completed

Landlord asked the court to reconsider an order vacating a default judgment of possession and eviction warrant that were entered after tenant filed for bankruptcy. The court ruled for landlord and reinstated the judgment and warrant. Initially the court had ruled that the judgment and warrant were void because landlord started the eviction case after tenant filed for bankruptcy. But landlord wasn't notified of tenant's bankruptcy filing before it sued to evict tenant. And, as soon as landlord learned of the bankruptcy proceeding, it stopped pursuing the eviction case, never sought to obtain a judgment for rent predating the bankruptcy filing, and otherwise took no action while the bankruptcy proceeding was pending.  It was only after a final decree was issued by the bankruptcy court on Nov. 17, 2013, that landlord sought from the court a default money judgment for post-petition use and occupancy and an eviction warrant.  

Kocher v. Smith: 2014 NY Slip Op 24015, 2014 WL 241895 (City Court Poughkeepsie; 1/22/14; Mora, J)