Tenant Can't Vacate Warrant

July 31, 1998

LVT Number: 12509

Landlord sued to evict tenant for illegal use of tenant's apartment. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the eviction warrant. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. The District Attorney directed landlord to start the eviction case based on tenant's arrest and guilty plea for felony drug possession charges stemming from activity in the apartment. Tenant didn't deny this and didn't present any meritorious defense to landlord's eviction action.

Landlord sued to evict tenant for illegal use of tenant's apartment. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the eviction warrant. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. The District Attorney directed landlord to start the eviction case based on tenant's arrest and guilty plea for felony drug possession charges stemming from activity in the apartment. Tenant didn't deny this and didn't present any meritorious defense to landlord's eviction action. So tenant didn't show any good cause for vacating the eviction warrant.

Cleo Realty Assocs. v. Stevens: NYLJ, p. 21, col. 1 (7/23/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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