Tenant Paid Rent on Time

December 1, 2007

LVT Number: #20040

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant filed a settlement stipulation in court. Landlord got a judgment of possession, and an eviction warrant was issued. Execution of the warrant was delayed on the condition that tenant make scheduled payments toward the back rent owed. Later, landlord claimed that tenant had missed a payment and sought to execute the warrant. Tenant asked the court to vacate the warrant. The court ruled against tenant. Tenant appealed and won. Tenant had transferred a payment due to her attorney's escrow fund in a timely manner.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant filed a settlement stipulation in court. Landlord got a judgment of possession, and an eviction warrant was issued. Execution of the warrant was delayed on the condition that tenant make scheduled payments toward the back rent owed. Later, landlord claimed that tenant had missed a payment and sought to execute the warrant. Tenant asked the court to vacate the warrant. The court ruled against tenant. Tenant appealed and won. Tenant had transferred a payment due to her attorney's escrow fund in a timely manner. But tenant's attorney, by some error, hadn't transferred the funds to landlord on time. Under these circumstances, tenant's default was excusable.

Clarkstown Housing Associates v. Henderson: NYLJ, 11/29/07, p. 39, col. 3 (App. T. 2 Dept.; Rudolph, PJ, LaCava, Scheinkman, JJ)

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