Use and Occupancy Judgment Didn't Conform to Order

March 1, 2006

LVT Number: 18693

Landlord sued to evict tenant and other apartment occupant. While the case was pending, the court ruled that tenant should pay use and occupancy. Landlord got a judgment against apartment occupant based on the court order and levied on occupant's bank account. Occupant asked the court to vacate the judgment. The court ruled for occupant. Landlord appealed and lost. Although the judgment was against tenant and occupant, the court's order clearly indicated only that tenant was required to pay use and occupancy. So the judgment was in error.

Landlord sued to evict tenant and other apartment occupant. While the case was pending, the court ruled that tenant should pay use and occupancy. Landlord got a judgment against apartment occupant based on the court order and levied on occupant's bank account. Occupant asked the court to vacate the judgment. The court ruled for occupant. Landlord appealed and lost. Although the judgment was against tenant and occupant, the court's order clearly indicated only that tenant was required to pay use and occupancy. So the judgment was in error. Landlord couldn't get a judgment against occupant.

IG Second Generation Partners LP v. Griesz: NYLJ, 2/28/06, p. 25, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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