Rent Deposit Required While Tenant Appeals Case

August 31, 1999

LVT Number: 13504

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed, asking the appeals court to delay the judgment and eviction warrant while her appeal was pending. The appeals court ruled for tenant on the condition that within 10 days she deposit with the housing court all back rent and/or use and occupancy that was due to date, and to continue to deposit, while the appeal was pending, monthly sums as they come due.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed, asking the appeals court to delay the judgment and eviction warrant while her appeal was pending. The appeals court ruled for tenant on the condition that within 10 days she deposit with the housing court all back rent and/or use and occupancy that was due to date, and to continue to deposit, while the appeal was pending, monthly sums as they come due.

Walker v. Louissant: NYLJ, p. 28, col. 5 (8/26/99) (App. T.2 Dept.; Aronin, PJ, Scholnick, Patterson, JJ)

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