Landlord Signed Renewal Lease After Warrant Issued

July 31, 2006

LVT Number: 18995

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant appealed the court's decision. While his appeal was pending, tenant asked the appeals court to vacate the warrant because landlord signed a renewal lease with tenant after the warrant was issued. The court ruled for tenant. Landlord reinstated the tenancy by signing a renewal lease with tenant and didn't preserve its rights under the warrant as a term of the renewal lease.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant appealed the court's decision. While his appeal was pending, tenant asked the appeals court to vacate the warrant because landlord signed a renewal lease with tenant after the warrant was issued. The court ruled for tenant. Landlord reinstated the tenancy by signing a renewal lease with tenant and didn't preserve its rights under the warrant as a term of the renewal lease.

Jennings Apts. LP v. Hinds: NYLJ, 7/20/06, p. 31, col. 4 (App. T. 2 Dept.; Weston Patterson, JP, Golia, Belen, JJ)

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