Eviction Warrant Vacated

April 30, 1993

LVT Number: 6940

Landlord sued to evict tenant for nonpayment of rent. Tenant defaulted, and the court ruled for landlord. The court then delayed tenant's eviction by giving tenant several opportunities to pay the back rent owed. But tenant couldn't get the Department of Social Services to pay the rent, and the court allowed landlord to go ahead with the eviction. Tenant appealed, and the appeals court reversed. Tenant came forward with $8,000 toward rent arrears and had been paying use and occupancy. The appeals court used its own discretion to vacate the eviction warrant.

Landlord sued to evict tenant for nonpayment of rent. Tenant defaulted, and the court ruled for landlord. The court then delayed tenant's eviction by giving tenant several opportunities to pay the back rent owed. But tenant couldn't get the Department of Social Services to pay the rent, and the court allowed landlord to go ahead with the eviction. Tenant appealed, and the appeals court reversed. Tenant came forward with $8,000 toward rent arrears and had been paying use and occupancy. The appeals court used its own discretion to vacate the eviction warrant.

Civetta v. Ackerly: NYLJ, p. 29, col. 1 (4/6/93) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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