Tenant Can't Vacate Warrant

January 1, 1997

LVT Number: 11128

After being evicted, tenant asked the court to vacate the eviction warrant, claiming that she had paid the rent and that there was a breach of the warranty of habitability. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Landlord had already rented the apartment to another tenant, and tenant's own records showed some unpaid rent. Tenant would have to bring a court proceeding to claim damages for breach of the warranty of habitability.

After being evicted, tenant asked the court to vacate the eviction warrant, claiming that she had paid the rent and that there was a breach of the warranty of habitability. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Landlord had already rented the apartment to another tenant, and tenant's own records showed some unpaid rent. Tenant would have to bring a court proceeding to claim damages for breach of the warranty of habitability.

NYCHA v. Younger: NYLJ, p. 32, col. 2 (12/2/96) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chitta, JJ)

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