Tenant Can't Be Restored to Possession

June 30, 2002

LVT Number: 15919

Landlord sued to evict tenant. The court ruled for tenant and issued an eviction warrant. After the eviction, tenant asked the court four times to be restored to possession. He claimed that the petition wasn't delivered properly. The court ruled against tenant. He appealed and lost. Tenant had been represented in court by an attorney and had agreed to move out by a certain date. Tenant couldn't now claim that there was a defect in the court papers.

Landlord sued to evict tenant. The court ruled for tenant and issued an eviction warrant. After the eviction, tenant asked the court four times to be restored to possession. He claimed that the petition wasn't delivered properly. The court ruled against tenant. He appealed and lost. Tenant had been represented in court by an attorney and had agreed to move out by a certain date. Tenant couldn't now claim that there was a defect in the court papers.

Goldman v. Taylor: NYLJ, 6/7/02, p. 20, col. 1 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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