Landlord Waived Right to Appeal

February 1, 2003

LVT Number: 16425

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Later, tenant asked the court to delay execution of the eviction warrant. The court ruled for tenant twice and granted tenant additional time to pay the back rent. Landlord appealed. The appeals court ruled against landlord and dismissed the appeal. Landlord accepted tenant's back rent payment as a condition for vacating the eviction warrant. So landlord waived its right to appeal from the orders that gave tenant more time to make the payment.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Later, tenant asked the court to delay execution of the eviction warrant. The court ruled for tenant twice and granted tenant additional time to pay the back rent. Landlord appealed. The appeals court ruled against landlord and dismissed the appeal. Landlord accepted tenant's back rent payment as a condition for vacating the eviction warrant. So landlord waived its right to appeal from the orders that gave tenant more time to make the payment.

Crystal Ridge Assocs. v. Pascal: NYLJ, 1/30/03, p. 23, col. 4 (App. T.2 Dept.; Aronin, JP, Golia, Rios, JJ)

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