Lease Canceled Based on Eviction Warrant in Prior Case

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. An eviction warrant was issued, but execution of the warrant was delayed. Landlord later tried to evict tenant for other lease defaults by delivering a notice to tenant to cure and then a termination notice. After these notices were sent, the court in the nonpayment case vacated the eviction warrant, since tenant had paid the amount owed. Tenant claimed that landlord's cure notice and termination notice in the second case were invalid because, at the time they were sent, landlord had already canceled the lease through the prior nonpayment case. The court dismissed landlord's second case. Landlord tried to terminate the lease before the eviction warrant was vacated. At that time, there was no landlord-tenant relationship.

1762-1764 First Ave. Realty Co. v. Alam: NYLJ, 4/5/00, p. 31, col. 1 (Civ. Ct. NY; James, J)