Tenant Didn't Inform Sheriff of Stay of Eviction Warrant

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement stipulation in court. Tenant agreed to pay back rent by a certain date. Judgment was entered for landlord. The eviction warrant was issued but delayed pending tenant's compliance with the payment terms. Tenant later failed to comply with the payment terms. Tenant's attorney filed an order to show cause and got a stay against execution of the eviction warrant pending a new court date. A copy of the order to show cause was delivered to landlord but not to the sheriff. The sheriff went ahead and evicted tenant. Tenant then asked the court to restore him to possession. The court ruled against tenant. It was tenant's responsibility, not landlord's, to inform the sheriff of the stay of the eviction. There was no fraud or illegal action by landlord or its attorney that caused the eviction to take place. The court had no authority, under the circumstances, to restore tenant to the apartment or to make a finding of contempt of court against landlord.

Felder v. Bentley: NYLJ, 9/17/08, p. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)