Tenant Must Pay Use and Occupancy

June 30, 2004

LVT Number: 17434

Landlord sued to evict tenant. The court ruled for landlord, awarding possession and back rent totaling $14,400. The court later refused to sign tenant's order to show cause seeking to vacate the court order. Tenant appealed and lost. The refusal to sign an order to show cause is a final decision that can't be appealed. In addition, tenant didn't pay use and occupancy after he made a number of requests for delays of the court case, and his attorney didn't request permission on time to file a late answer.

Landlord sued to evict tenant. The court ruled for landlord, awarding possession and back rent totaling $14,400. The court later refused to sign tenant's order to show cause seeking to vacate the court order. Tenant appealed and lost. The refusal to sign an order to show cause is a final decision that can't be appealed. In addition, tenant didn't pay use and occupancy after he made a number of requests for delays of the court case, and his attorney didn't request permission on time to file a late answer. The court properly ordered tenant to pay use and occupancy at the rate of $1,000 per month while remaining in the apartment after his lease ended. Another similar apartment in the building rented for $1,300.

930 Eastern Pkwy. N.Y. Corp. v. Rosenberg: NYLJ, 6/22/04, p. 27, col. 3 (App. T. 2 Dept.; Aronin, JP, Patterson, Rios, JJ)

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