Occupants Could Seek Eviction Delay While Appeal Was Pending

December 1, 2004

LVT Number: 17742

Landlord sued to evict occupants of a building it bought at a foreclosure sale. The court ruled for landlord. Occupants appealed and sought a delay of any eviction pending appeal. Eleven of the occupants were named as ''John Doe'' or ''Jane Doe'' in landlord's court papers. They claimed that landlord didn't take enough steps to find out their names and so didn't properly deliver the court papers to them. The appeals court ruled for occupants, in part: It refused to delay the eviction, but it said the occupants could seek a delay from the lower court while their appeal was pending.

Landlord sued to evict occupants of a building it bought at a foreclosure sale. The court ruled for landlord. Occupants appealed and sought a delay of any eviction pending appeal. Eleven of the occupants were named as ''John Doe'' or ''Jane Doe'' in landlord's court papers. They claimed that landlord didn't take enough steps to find out their names and so didn't properly deliver the court papers to them. The appeals court ruled for occupants, in part: It refused to delay the eviction, but it said the occupants could seek a delay from the lower court while their appeal was pending.

K C Central Realty Mgmt. LLC v. Alcindor: NYLJ, 11/9/04, p. 20, col. 3 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

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