Hearing Required to Vacate Eviction Warrant

July 31, 1994

LVT Number: 9021

Nassau County landlord sued to evict tenants for nonpayment of rent, and got an eviction warrant from the trial court. Before that, landlord and tenants had signed a stipulation in which tenants agreed to pay all the back rent. Tenants asked the court to vacate the warrant, claiming that they'd paid in full. Landlord argued that tenants hadn't paid the entire amount. The appeals court vacated the eviction warrant. A trial court must decide whether tenants have paid all the back rent.

Nassau County landlord sued to evict tenants for nonpayment of rent, and got an eviction warrant from the trial court. Before that, landlord and tenants had signed a stipulation in which tenants agreed to pay all the back rent. Tenants asked the court to vacate the warrant, claiming that they'd paid in full. Landlord argued that tenants hadn't paid the entire amount. The appeals court vacated the eviction warrant. A trial court must decide whether tenants have paid all the back rent.

Bechtoldt Corporation v. McClendon: NYLJ, p. 29, col. 3 (7/13/94) (App. T. 2 Dept.; DiPaola, JP, Ingrassia, Luciano, JJ)

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