Eviction Warrant Vacated

November 1, 1994

LVT Number: 9256

Tarrytown landlord sued to evict tenant for nonpayment of rent and got an eviction warrant. The lower court vacated the warrant when tenant paid all the back rent owed. Landlord appealed, claiming that the lower court didn't have good cause for vacating the eviction warrant. Tenant argued that the court had properly vacated the warrant because he'd paid the entire amount owed within one day after the warrant was issued. The court ruled for tenant. Tenant had paid the back rent quickly, so the lower court had properly vacated the warrant.

Tarrytown landlord sued to evict tenant for nonpayment of rent and got an eviction warrant. The lower court vacated the warrant when tenant paid all the back rent owed. Landlord appealed, claiming that the lower court didn't have good cause for vacating the eviction warrant. Tenant argued that the court had properly vacated the warrant because he'd paid the entire amount owed within one day after the warrant was issued. The court ruled for tenant. Tenant had paid the back rent quickly, so the lower court had properly vacated the warrant.

Shippy Realty Corporation v. Jiminez: NYLJ, p. 26, col. 6 (10/12/94) (App. T. 10 Dept.; DiPaola, JP, Collins, Ingrassia, JJ)

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