Second Tenant Not Bound by Prior Consent Judgment

March 1, 1994

LVT Number: 8609

Landlord sued to evict tenant. Tenant signed a consent judgment, agreeing to move out. Landlord later got an eviction warrant against the apartment's second tenant. Second tenant appealed. The appeals court ruled for second tenant. Landlord had never made second tenant a party to the eviction proceeding. Landlord didn't even show that second tenant was in possession before the judgment was obtained against him. Landlord, in fact, signed an occupancy agreement with second tenant after getting judgment against first tenant.

Landlord sued to evict tenant. Tenant signed a consent judgment, agreeing to move out. Landlord later got an eviction warrant against the apartment's second tenant. Second tenant appealed. The appeals court ruled for second tenant. Landlord had never made second tenant a party to the eviction proceeding. Landlord didn't even show that second tenant was in possession before the judgment was obtained against him. Landlord, in fact, signed an occupancy agreement with second tenant after getting judgment against first tenant.

Espanade Gardens Inc. v. Debnam: NYLJ, p. 24, col. 4 (2/17/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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