Tenant's Bankruptcy Doesn't Stop Eviction

March 1, 2003

LVT Number: 16366

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because he had filed for bankruptcy. The court ruled for tenant. Landlord appealed and won. The bankruptcy court ruling barred landlord from collecting $42,000 in back rent owed by tenant. But it didn't prevent landlord from getting a possessory judgment and eviction warrant. The case was reopened and sent back to housing court.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because he had filed for bankruptcy. The court ruled for tenant. Landlord appealed and won. The bankruptcy court ruling barred landlord from collecting $42,000 in back rent owed by tenant. But it didn't prevent landlord from getting a possessory judgment and eviction warrant. The case was reopened and sent back to housing court.

Dulac v. Dabrowski: NYLJ, 2/26/03, p. 22, col. 1 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel- Jacob, JJ)

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