Tenant Paid Rent Due One Week After Warrant Issued

April 1, 2006

LVT Number: 18738

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by Aug. 27, 2004. Tenant didn't do so, and a month later landlord got a judgment of possession and an eviction warrant was issued. Tenant then asked the court to vacate the judgment and warrant. The court ruled against tenant. Tenant appealed and lost. This was the third nonpayment case brought against tenant within one year after tenant had moved in.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by Aug. 27, 2004. Tenant didn't do so, and a month later landlord got a judgment of possession and an eviction warrant was issued. Tenant then asked the court to vacate the judgment and warrant. The court ruled against tenant. Tenant appealed and lost. This was the third nonpayment case brought against tenant within one year after tenant had moved in. And although tenant was ready to pay the back rent when he asked the court to vacate the warrant, there was by then another two months' rent due and owing. Tenant didn't show good cause to vacate the warrant.

Freedom Capital, LLC v. Pumilio: NYLJ, 3/17/05, p. 27, col. 3 (App. T. 2 Dept.; Rudolph, PJ, Tanenbaum, Lippman, JJ)

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