Tenant Can't Delay Eviction

(Decision submitted by Santo Golino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed in court that tenant would make payments of back rent owed, and landlord would make repairs. Tenant later asked the court to make the rent payments contingent on the repairs. Landlord claimed that tenant didn't give access, and the court ruled against tenant. When tenant still didn't make the required payments, landlord asked the court to issue an eviction warrant. Tenant claimed landlord still hadn't made repairs. The court ruled for landlord. The court had already ruled that tenant's obligation to pay the back rent under the agreement was separate from landlord's duty to make repairs. Landlord could get an eviction warrant.

Regis Realty v. Osorio: Index No. 79916/97 (1/8/98) (Civ. Ct. NY; Elsner, J) [2-page document]