Landlord Renewed Tenant's Lease After Eviction Warrant Issued

August 31, 2005

LVT Number: 18355

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to make a court-ordered rent deposit. The court awarded landlord possession and a money judgment of $42,000. While tenant's appeal was pending and after the eviction warrant was issued, landlord offered tenant an ETPA renewal lease. Tenant signed the renewal lease and paid the rent due. Tenant then asked the court to dismiss the case and vacate the warrant. The court ruled against tenant. Tenant appealed and won.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to make a court-ordered rent deposit. The court awarded landlord possession and a money judgment of $42,000. While tenant's appeal was pending and after the eviction warrant was issued, landlord offered tenant an ETPA renewal lease. Tenant signed the renewal lease and paid the rent due. Tenant then asked the court to dismiss the case and vacate the warrant. The court ruled against tenant. Tenant appealed and won. Landlord waived its right to evict tenant by renewing tenant's lease.

Stepping Stones Assocs. v. Seymour: NYLJ, 8/24/05, p. 26, col. 4 (App. T. 2 Dept.; Rudolph, JP, Angiolillo, Covello, JJ)

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