Tenant Can't Move Back After Eviction

June 30, 1994

LVT Number: 8868

Landlord sued tenant for nonpayment, and the court evicted her. Tenant appealed, arguing that she couldn't pay the rent on time because she had difficulty getting her payments from the DSS. The court restored tenant to possession, and landlord appealed. Landlord wins. Once tenant has been evicted, she can't be restored to possession, unless her default is minimal, inadvertent, or promptly cured. Since tenant was a chronic nonpayer, the eviction stands.

Landlord sued tenant for nonpayment, and the court evicted her. Tenant appealed, arguing that she couldn't pay the rent on time because she had difficulty getting her payments from the DSS. The court restored tenant to possession, and landlord appealed. Landlord wins. Once tenant has been evicted, she can't be restored to possession, unless her default is minimal, inadvertent, or promptly cured. Since tenant was a chronic nonpayer, the eviction stands.

Davern Realty Corp v. Vaughn: NYLJ, p. 22, col. 6 (6/1/94) (App. Div. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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