Tenant Can't Vacate Eviction Warrant

April 30, 2001

LVT Number: 14951

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default on a settlement agreement and issued an eviction warrant. Tenant later asked the court to vacate the eviction warrant. The court ruled against tenant. Tenant appealed and lost. Tenant showed no meritorious defense. She claimed that she had made payments but didn't show which payments were applied to current rent or to back rent. By the time tenant signed the settlement agreement, she had agreed to pay certain amounts by specific dates and then hadn't done so.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default on a settlement agreement and issued an eviction warrant. Tenant later asked the court to vacate the eviction warrant. The court ruled against tenant. Tenant appealed and lost. Tenant showed no meritorious defense. She claimed that she had made payments but didn't show which payments were applied to current rent or to back rent. By the time tenant signed the settlement agreement, she had agreed to pay certain amounts by specific dates and then hadn't done so. The warrant was issued after tenant's first bankruptcy petition was dismissed and before her second one was filed.

Linden Plaza Assocs. v. Idowu: NYLJ, 4/4/01, p. 23, col. 1 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)

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