Use and Occupancy Can Stay in Escrow Fund

July 31, 1997

LVT Number: 11675

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant also sued landlord in a separate court action for a breach of the warranty of habitability, claiming that use and occupancy money held in escrow by landlord's attorney should be released while the appeal was pending. The trial court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. The money shouldn't be released until tenant's appeal is decided.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant also sued landlord in a separate court action for a breach of the warranty of habitability, claiming that use and occupancy money held in escrow by landlord's attorney should be released while the appeal was pending. The trial court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. The money shouldn't be released until tenant's appeal is decided.

10 E. 76th St. Assocs. v. McNamara: NYLJ, p. 21, col. 2 (7/29/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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