Landlord Can Enforce Money Judgment Against Tenant After Selling Building

August 28, 2017

LVT Number: #27868

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave landlord a possessory and monetary judgment. Tenant later asked the court to vacate the judgment and eviction warrant and to dismiss the petition. Tenant argued that landlord had sold the building and that the new landlord didn't seek permission to be substituted into the case as petitioner. Landlord argued that tenant gave no legal basis to vacate the money judgment it had obtained while it owned the building.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which gave landlord a possessory and monetary judgment. Tenant later asked the court to vacate the judgment and eviction warrant and to dismiss the petition. Tenant argued that landlord had sold the building and that the new landlord didn't seek permission to be substituted into the case as petitioner. Landlord argued that tenant gave no legal basis to vacate the money judgment it had obtained while it owned the building. The court agreed with landlord and denied tenant's request to vacate the money judgment. In addition, the court permanently stayed the judgment of possession since landlord no longer had standing to enforce that judgment.

1521 Sheridan LLC v. Vasquez: Index No. L&T62811/2016, NYLJ No. 1202792097053 (Civ. Ct. Bronx; 6/22/17; Lutwak, J)

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