Landlord Improperly Started Proceeding Against Tenant

April 30, 1993

LVT Number: 6983

Landlord sued to evict tenant. The case was settled by tenant's offer to pay landlord $6,000. Tenant failed twice to make the payment. Landlord's attorney sent a letter to the Westchester County court asking that tenant be held in contempt. After a hearing, the court found tenant in contempt of court, and tenant appealed. The appeals court found that landlord improperly started the contempt proceeding. Landlord should have filed motion papers with the trial court. A letter wasn't sufficient. The contempt proceeding was dismissed.

Landlord sued to evict tenant. The case was settled by tenant's offer to pay landlord $6,000. Tenant failed twice to make the payment. Landlord's attorney sent a letter to the Westchester County court asking that tenant be held in contempt. After a hearing, the court found tenant in contempt of court, and tenant appealed. The appeals court found that landlord improperly started the contempt proceeding. Landlord should have filed motion papers with the trial court. A letter wasn't sufficient. The contempt proceeding was dismissed.

Two Daughters Realty v. Franco: NYLJ, p. 25, col. 6 (4/23/93) (App. T. 2 Dept.; DiPaola, PJ, Stark, Collins, JJ)

Topics

More like this