Tenant Was Mistakenly Readmitted to Apartment

Landlord sued to evict tenant for nonpayment of rent. When tenant didn't appear on an adjourned court date, the court ruled for landlord, and entered a judgment of possession and a money judgment of $4,050. Tenant then sought to stop the eviction, but failed to appear in court to do so. Tenant was evicted on Oct. 11, 2013.

On Oct. 16, 2013, tenant telephoned landlord's office and told an unknown person that he had $6,750 for landlord. The person told him that the super would meet him at the building to take the money. The super arrived, accepted tenant's money orders, and let him back into the apartment. The super returned an hour later and told tenant that taking the money was a mistake and that tenant should leave. Tenant refused to do so. Two days later, tenant filed an order to show cause to be restored to possession. The court ruled that this was moot since tenant was back in possession. Landlord then asked the court for re-execution of the eviction warrant. Landlord claimed that it accepted the $6,760 as payment of the judgment debt and that the super wasn't authorized to let tenant back into the apartment.

The court ruled against landlord. Execution of the warrant on Oct. 11 terminated the eviction proceeding, and the court had no authority to order re-execution of the warrant. If tenant as a trespasser thereafter re-enters into possession of the apartment, the marshal can't re-execute the warrant of eviction and re-evict him. 

598 Marcy Avenue Associates v. Othman: Index No. L&T70597/13, NYLJ No. 1202633381204 (Civ. Ct. Kings; 12/11/13; Marton, J)