Tenant Paid Back Rent Due

May 31, 1998

LVT Number: 12354

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and delayed execution of the eviction warrant until a certain date, provided that tenant paid the back rent by that time. Tenant appealed. The appeals court ruled for tenant, in part. The lower court's order was fair since the court gave tenant a number of chances to pay the back rent owed. But since tenant had now paid all the back rent, execution of the eviction warrant was permanently delayed.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and delayed execution of the eviction warrant until a certain date, provided that tenant paid the back rent by that time. Tenant appealed. The appeals court ruled for tenant, in part. The lower court's order was fair since the court gave tenant a number of chances to pay the back rent owed. But since tenant had now paid all the back rent, execution of the eviction warrant was permanently delayed.

Mizmar Co. v. Garcia: NYLJ, p. 27, col. 3 (5/1/98) (App. T. 1 Dept.; McCooe, JP, Freedman, Gonzalez, JJ)

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