Tenant Evicted for Nonpayment Restored to Possession

December 1, 2010

LVT Number: #23057

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to vacate the eviction warrant and restore him to possession. The court ruled for tenant. Tenant was a 40-year-old National Guard veteran who lived in the apartment for 14 years with his 71-year-old mother. The delay in paying rent was caused by DSS, which accidently filed tenant's case under the wrong case number. DSS had now approved tenant and had the funds ready to pay the back rent due.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to vacate the eviction warrant and restore him to possession. The court ruled for tenant. Tenant was a 40-year-old National Guard veteran who lived in the apartment for 14 years with his 71-year-old mother. The delay in paying rent was caused by DSS, which accidently filed tenant's case under the wrong case number. DSS had now approved tenant and had the funds ready to pay the back rent due. The court ordered landlord to restore tenant to possession upon payment of all rent due.

Morrison Management LLC v. Geraldino: Index No. 17639/10, NYLJ No. 1202475208945 (Civ. Ct. Bronx; 11/9/10; McClanahan, J)

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