Tenant Can't Delay Eviction

December 17, 2013

LVT Number: #25238

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and a final judgment was entered in landlord's favor in July 2012. Tenant, who owed landlord over $7,100, later asked the court to stay execution on the eviction warrant while he applied to the city's Department of Social Services for rental assistance. The court ruled for tenant in September 2012 on condition that he obtain the money from DSS. Landlord appealed and won. While landlord's appeal was pending, the lower court granted two additional delays and tenant eventually obtained the money.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and a final judgment was entered in landlord's favor in July 2012. Tenant, who owed landlord over $7,100, later asked the court to stay execution on the eviction warrant while he applied to the city's Department of Social Services for rental assistance. The court ruled for tenant in September 2012 on condition that he obtain the money from DSS. Landlord appealed and won. While landlord's appeal was pending, the lower court granted two additional delays and tenant eventually obtained the money.  But at the time of tenant's September application for delay, there had already been prolonged delay and there was no firm commitment from DSS that tenant was going to receive the funds. Tenant hadn't shown good cause to stay the eviction. The entry of the final judgment in landlord's favor shouldn't be used as a gateway to further court proceedings concerning tenant's ability to pay the amount owed.

Paskal I, LLC v. Ferreira: 2013 NY Slip Op 2339, 2012 WL 6122336 (App. T. 1 Dept.; 11/20/13; Hunter Jr., JP, Schoenfeld, Shulman, JJ)

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