Tenant Can't Vacate Warrant

Landlord cooperative corporation sued to evict tenant shareholder for nonpayment. Tenant never appeared in court. The court ruled for landlord. Landlord got a judgment for over $50,000. Execution of the eviction warrant was delayed for seven months, and tenant was then evicted. Tenant subsequently asked to be restored to possession of the apartment, claiming that he wasn't properly served with the 72-hour eviction notice. The court denied tenant's request. Even if tenant's claim was true, the marshal---not landlord---was responsible. So, the underlying judgment remains valid. Tenant also claimed that landlord had to get a new eviction warrant because he'd paid landlord $25,000 after the first eviction warrant was issued in exchange for a delay in executing the eviction warrant. Tenant was trying to sell the apartment during this time; landlord had rejected a prospective buyer. The court found that tenant's partial payment of the back rent owed wasn't enough to vacate the eviction warrant or restore tenant to possession. Additional back rent beyond the $50,000 judgment had by now also accrued. And landlord had a right to reject the buyer. The court also noted that tenant had never explained why he didn't appear in court in response to the eviction action.

The Dakota, Inc. v. Henderson: NYLJ, p. 25, col. 1 (12/8/93) (Civ. Ct. NY; Kapnick, J)