Tenant Evicted Based on Recurring Misconduct

July 31, 1995

LVT Number: 9925

Landlord sued to evict tenant for nuisance based on conduct related to her alcohol abuse. The court ruled for landlord but delayed the eviction on the condition that tenant behave. The court later granted landlord possession based on tenant's recurring misconduct. Tenant appealed, and the appeals court ruled against tenant. There was no error in restoring the case to the trial court's calendar. After the eviction warrant was delayed, the case was marked off the calendar. It wasn't dismissed or abandoned.

Landlord sued to evict tenant for nuisance based on conduct related to her alcohol abuse. The court ruled for landlord but delayed the eviction on the condition that tenant behave. The court later granted landlord possession based on tenant's recurring misconduct. Tenant appealed, and the appeals court ruled against tenant. There was no error in restoring the case to the trial court's calendar. After the eviction warrant was delayed, the case was marked off the calendar. It wasn't dismissed or abandoned.

Janhone Realty v. Jackson: NYLJ, p. 26, col. 1 (7/21/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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