Tenant Can't Be Restored to Possession

July 31, 2001

LVT Number: 15137

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed an agreement in court by which tenant agreed to pay back rent by a certain date or be evicted. Tenant didn't pay the back rent and was evicted. He then asked the court to restore him to possession. The court did so, and tenant again didn't pay the back rent. He was then evicted. Six weeks later, tenant again asked the court to restore him to possession. The court ruled against tenant. Tenant appealed and lost. Tenant was given a second chance and didn't comply with the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed an agreement in court by which tenant agreed to pay back rent by a certain date or be evicted. Tenant didn't pay the back rent and was evicted. He then asked the court to restore him to possession. The court did so, and tenant again didn't pay the back rent. He was then evicted. Six weeks later, tenant again asked the court to restore him to possession. The court ruled against tenant. Tenant appealed and lost. Tenant was given a second chance and didn't comply with the settlement agreement. Landlord by now had rerented the apartment, and it would be unfair to restore tenant to possession.

Manning v. Brown: NYLJ, 7/31/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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