Tenant Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. Tenant was evicted. Tenant then asked the court to be restored to possession. The court ruled for tenant. Tenant had lived in the apartment 11 years and temporarily fell behind in her rent due to illness, robbery, and changing jobs. Tenant showed that she had made installment payments toward the back rent owed at various times before and after receipt of the three-day rent demand, petition and eviction warrant. Landlord's petition didn't properly credit tenant for amounts paid toward the past rent, so the petition was defective. Under all the facts and circumstances, it was reasonable to vacate the eviction and restore tenant to possession.

Shorehaven Apts. #1, Inc. v. Anderson: NYLJ, p. 33, col. 4 (11/20/96) (Civ. Ct. Kings; Birnbaum, J)