Landlord Can Evict Tenant Who Sought to Delay Execution of Eviction Warrant 10 Times
LVT Number: #27501
(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)
Landlord sued to evict disabled rent-stabilized tenant for nonpayment of rent. While tenant initially failed to appear in court, landlord and tenant later signed a settlement agreement. But tenant failed to make payments as required. Tenant requested, and the court granted tenant, 10 orders to show cause seeking stays of execution of the eviction warrant. Landlord appealed and won, although there was one dissenting opinion at the Appellate Term. Tenant then appealed and lost. Tenant’s history of rent defaults both before and during the court proceeding was extensive and lengthy. Tenant also failed to present an adequate explanation for her failure to comply with the settlement agreement.
1621 St. Nicholas Ave. Owners LLC v. Cruz: Index No. 2599 570210/14 77915/12, 2017 NY Slip Op 00010 (App. Div. 1 Dept.; 1/3/17; Friedman, JP, Sweeny, Richter, Manzanet-Daniels, Kapnick, JJ)