Tenant Shouldn't Get Chance to Correct Chronic Nonpayment

March 1, 1994

LVT Number: 8582

Landlord sued to evict tenant for chronic nonpayment of rent. The trial court ruled for landlord, but delayed issuance of an eviction warrant for one year on the condition that tenant pay the rent on time. Landlord appealed, and the court ordered a new trial. The trial court shouldn't have given tenant a chance to cure by paying the rent on time for one year. This was inconsistent with the ruling that tenant had been a nuisance and that landlord was entitled to relief.

Landlord sued to evict tenant for chronic nonpayment of rent. The trial court ruled for landlord, but delayed issuance of an eviction warrant for one year on the condition that tenant pay the rent on time. Landlord appealed, and the court ordered a new trial. The trial court shouldn't have given tenant a chance to cure by paying the rent on time for one year. This was inconsistent with the ruling that tenant had been a nuisance and that landlord was entitled to relief.

Mindich v. Smalls: NYLJ, p. 24, col. 4 (2/17/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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