Tenant Can Vacate Warrant

November 1, 2000

LVT Number: 14490

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant then asked the court to vacate the eviction warrant. The court ruled for tenant. Landlord appealed and lost. Tenant attached copies of two bank checks for all the back rent, as well as current rent, to his request to vacate the warrant. Tenant had lived in the apartment for several years and had not caused an undue delay in the trial of the case. Also, there was only a minor delay in tenant's payment of the back rent after the judgment.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant then asked the court to vacate the eviction warrant. The court ruled for tenant. Landlord appealed and lost. Tenant attached copies of two bank checks for all the back rent, as well as current rent, to his request to vacate the warrant. Tenant had lived in the apartment for several years and had not caused an undue delay in the trial of the case. Also, there was only a minor delay in tenant's payment of the back rent after the judgment. The lower court's decision to vacate the eviction warrant was reasonable under the circumstances.

Sendowski v. Pilzer: NYLJ, 10/12/00, p. 28, col. 4 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Suarez, JJ)

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