Tenant Can't Be Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. After the eviction, tenant asked the court to be restored to possession. Tenant claimed that he had complied with the payment terms of the court's order. The court ruled against tenant after a hearing, and tenant didn't appeal. Tenant then asked the court a second time to be restored to possession, this time because landlord's MDR had lapsed on May 23, 2006. Therefore, tenant argued, it was improper for the court to order tenant to pay June, July, and August 2006 rent as a condition of vacating the eviction warrant. Landlord claimed that it had mailed the 2006 MDR to HPD but it was sent back for amendment. The court ruled against tenant. Tenant appealed and lost. Tenant didn't raise this issue before the lower court. And a valid MDR was in effect at the time the court first ruled in February 2006.

A.G. Parker, Inc. v. Brown: NYLJ, 10/23/07, pg. 37, col. 3 (App. T. 1 Dept.; Pesce, PJ, Golia, Rios, JJ)