No Eviction Warrant Without Possession Judgment

May 31, 1993

LVT Number: 7014

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a stipulation of settlement in court. Landlord later asked the court to issue an eviction warrant because tenant hadn't paid rent arrears as required by the stipulation. The court denied landlord's request. Neither the stipulation nor landlord's request for the eviction warrant contained a direction or request for a judgment of possession. Without this judgment, no eviction warrant can be issued under Real Property Actions and Procedures Law Section 749.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a stipulation of settlement in court. Landlord later asked the court to issue an eviction warrant because tenant hadn't paid rent arrears as required by the stipulation. The court denied landlord's request. Neither the stipulation nor landlord's request for the eviction warrant contained a direction or request for a judgment of possession. Without this judgment, no eviction warrant can be issued under Real Property Actions and Procedures Law Section 749.

Amalo v. Velez: NYLJ, p. 22, col. 4 (5/18/93) (Civ. Ct. NY; Dankberg, J)

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