Tenant Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant was evicted because he didn't pay all the back rent due before the scheduled eviction date. Tenant then asked the court to restore him to possession. The court ruled for tenant on the condition that he pay all the back rent plus landlord's attorney's fees and eviction costs. Landlord appealed, claiming that RPAPL section 747-a barred restoring tenant after the eviction warrant had been executed since tenant hadn't paid the full back rent. The appeals court ruled against landlord. This provision of the law didn't become effective until Oct. 19, 1997, and the judgment in this case was obtained on Sept. 15, 1997. So the law didn't apply to this case. Tenant had lived in the apartment for 20 years and had lymphoma. The lower court's decision was fair since it would prevent the eviction of a long-term tenant who was ill, provided he now paid what was owed.

Parkchester Apts. Co. v. Scott: NYLJ, p. 29, col. 3 (4/7/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)