Tenant Restored to Possession

May 31, 1994

LVT Number: 8802

Landlord sued to evict tenant for nonpayment of rent. When tenant didn't comply with stipulation, she was evicted. Tenant then asked the court if she could be restored to possession. The trial court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The trial court had the discretion to restore tenant to possession. Tenant had substantially complied with the payment terms of the stipulation.

Landlord sued to evict tenant for nonpayment of rent. When tenant didn't comply with stipulation, she was evicted. Tenant then asked the court if she could be restored to possession. The trial court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The trial court had the discretion to restore tenant to possession. Tenant had substantially complied with the payment terms of the stipulation.

Argus Realty v. King: NYLJ, p. 29, col. 4 (5/6/94) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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