Tenant Didn't Comply with Use and Occupancy Order

June 30, 2001

LVT Number: 15089

Landlord sued to evict tenant. The court ordered tenant to pay use and occupancy. When tenant didn't do so, landlord asked the court for a judgment and a contempt order against tenant. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant in part. Landlord was entitled to the money judgment based on tenant's failure to comply with the use and occupancy order. But since landlord could get a money judgment, the court didn't have the authority to hold tenant in contempt.

Landlord sued to evict tenant. The court ordered tenant to pay use and occupancy. When tenant didn't do so, landlord asked the court for a judgment and a contempt order against tenant. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant in part. Landlord was entitled to the money judgment based on tenant's failure to comply with the use and occupancy order. But since landlord could get a money judgment, the court didn't have the authority to hold tenant in contempt.

Takaya v. Syndicom Corp.: NYLJ, 6/15/01, p. 20,col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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