Eviction Warrant Vacated on Condition that Tenant Pay Judgment Amount

April 30, 2001

LVT Number: 14917

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but not for the full rent. The court reduced tenant's rent by 30 percent for six months based on a broken window. When tenant didn't pay the back rent owed, landlord sought to execute the warrant. Tenant asked the court to vacate the eviction warrant. The court ruled for tenant on the condition that tenant pay the judgment amount plus three more months full rent. Tenant appealed, claiming that landlord still hadn't fixed the window. The appeals court ruled for tenant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but not for the full rent. The court reduced tenant's rent by 30 percent for six months based on a broken window. When tenant didn't pay the back rent owed, landlord sought to execute the warrant. Tenant asked the court to vacate the eviction warrant. The court ruled for tenant on the condition that tenant pay the judgment amount plus three more months full rent. Tenant appealed, claiming that landlord still hadn't fixed the window. The appeals court ruled for tenant. The eviction warrant was vacated on the condition that tenant pay the judgment amount plus additional rent at the reduced rate.

Sterling 41 Partners LLC v. Lareche: NYLJ, 4/16/01, p. 35, col. 1 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)

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