Roommate Can't Be Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed to move out by Jan. 31, 2014, and did so. Tenant and landlord signed a settlement agreement in court that gave landlord a judgment of possession, and an eviction warrant was issued. After eviction, tenant's roommate asked the court to be restored to the apartment. She claimed that landlord failed to name her as a party in the court proceeding. The court ruled against the roommate. The roommate was present in court during the proceedings and failed to formally appear as a party or to assert any rights to which she believed she was entitled. And since tenant had moved out, any claims by individuals unnamed in the court papers were moot. The roommate's conduct indicated that she intentionally defaulted. 

Will v. Edwards: L&T Index No. 100211/13, NYLJ No. 1202647183835 (Civ. Ct. Kings; 3/13/14; Avery, J)