Tenant Can't Vacate Warrant

April 30, 2003

LVT Number: 16502

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court which gave landlord a judgment but delayed eviction on the condition that tenant pay back rent by a certain date. Tenant failed to do so and landlord sought execution of the eviction warrant. Tenant asked the court to vacate the judgment and eviction warrant. The court ruled against tenant. Tenant appealed and lost. Tenant gave no valid excuse for not paying the back rent as agreed. Tenant owed substantial back rent and wasn't rent regulated.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court which gave landlord a judgment but delayed eviction on the condition that tenant pay back rent by a certain date. Tenant failed to do so and landlord sought execution of the eviction warrant. Tenant asked the court to vacate the judgment and eviction warrant. The court ruled against tenant. Tenant appealed and lost. Tenant gave no valid excuse for not paying the back rent as agreed. Tenant owed substantial back rent and wasn't rent regulated.

Fahy v. Mincey: NYLJ, 4/22/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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