Tenant Paid Most of Back Rent Owed

March 1, 2008

LVT Number: #20249

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant later asked the court to vacate the judgment and warrant. The court ruled for tenant. Landlord appealed and lost. Tenant tendered the full amount due by certified check before the court date to vacate the judgment. And most of the substantial arrears landlord sought had accrued during the course of a prior holdover proceeding resolved in tenant’s favor.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant later asked the court to vacate the judgment and warrant. The court ruled for tenant. Landlord appealed and lost. Tenant tendered the full amount due by certified check before the court date to vacate the judgment. And most of the substantial arrears landlord sought had accrued during the course of a prior holdover proceeding resolved in tenant’s favor.

69 Fifth Company v. Partland: NYLJ, 2/15/08, p. 38, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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