Tenant Restored to Possession

February 1, 1996

LVT Number: 10310

Landlord sued to evict long-term rent-stabilized tenant for nonpayment of rent. The trial court ruled for landlord, and tenant was evicted. Four days later tenant asked to be restored to possession. The trial court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The court had the authority to restore tenant to possession. Tenant was prepared to pay all outstanding back rent and attorney's fees, together totaling $6,000, when he asked the court to allow him back into the apartment.

Landlord sued to evict long-term rent-stabilized tenant for nonpayment of rent. The trial court ruled for landlord, and tenant was evicted. Four days later tenant asked to be restored to possession. The trial court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The court had the authority to restore tenant to possession. Tenant was prepared to pay all outstanding back rent and attorney's fees, together totaling $6,000, when he asked the court to allow him back into the apartment.

W. 56th St. v. Nash: NYLJ, p. 29, col. 2 (1/17/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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