Tenant Can't Be Restored to Possession

June 30, 2003

LVT Number: 16639

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord got a judgment and eviction warrant, which was delayed to give tenant time to pay back rent. Tenant didn't pay under the settlement agreement and was evicted. Tenant then asked the court to restore him to possession. The court ruled against tenant. Tenant appealed and lost. Tenant was legally evicted. His default wasn't minor, unavoidable, or promptly corrected.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord got a judgment and eviction warrant, which was delayed to give tenant time to pay back rent. Tenant didn't pay under the settlement agreement and was evicted. Tenant then asked the court to restore him to possession. The court ruled against tenant. Tenant appealed and lost. Tenant was legally evicted. His default wasn't minor, unavoidable, or promptly corrected. The fact that tenant was able to pay the back rent due after eviction didn't warrant restoring him to possession.

603-607 Realty Assocs. v. Gachelin: NYLJ, 6/30/03, p. 31, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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