Tenant Restored to Possession Pending Appeal

January 1, 2007

LVT Number: 19328

Landlord sued to evict tenant. The court ruled for landlord, and tenant was evicted. Tenant appealed and asked that he be restored to possession pending the outcome of his appeal. The appeals court ruled for tenant on the condition that tenant pay landlord $3,000 in back rent owed. Tenant also must continue to pay monthly use and occupancy, and file his appeal papers by Feb. 2, 2007. If tenant failed to meet any of these conditions, landlord could proceed with eviction.

Landlord sued to evict tenant. The court ruled for landlord, and tenant was evicted. Tenant appealed and asked that he be restored to possession pending the outcome of his appeal. The appeals court ruled for tenant on the condition that tenant pay landlord $3,000 in back rent owed. Tenant also must continue to pay monthly use and occupancy, and file his appeal papers by Feb. 2, 2007. If tenant failed to meet any of these conditions, landlord could proceed with eviction.

Nowak v. Elie: NYLJ, 12/4/06, p. 49, col. 3 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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