Tenant Offered to Pay Rent Due

April 30, 1996

LVT Number: 10536

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to vacate the default judgment; tenant now offered to pay the back rent owed. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant, vacating the eviction warrant, on the condition that tenant pay the back rent within 10 days.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to vacate the default judgment; tenant now offered to pay the back rent owed. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant, vacating the eviction warrant, on the condition that tenant pay the back rent within 10 days.

Flushing Plaza Management Co. v. Wright: NYLJ, p. 29, col. 3 (4/11/96) (App. T. 2 Dept.; Aronin, JP, Chetta, Patterson, JJ)

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