Use and Occupancy Must Be Returned to Tenant

April 1, 2003

LVT Number: 16491

Landlord sued to evict tenant. The court issued a default judgment and eviction warrant against tenant based on his failure to post use and occupancy as ordered by the court. Tenant appealed and won. The lower court erred in ordering a default judgment and denying tenant a trial. Tenant then asked the court to refund the use and occupancy he had paid over two years. The court ruled for tenant. The appeals court order indicated that the use and occupancy must be returned to tenant.

Landlord sued to evict tenant. The court issued a default judgment and eviction warrant against tenant based on his failure to post use and occupancy as ordered by the court. Tenant appealed and won. The lower court erred in ordering a default judgment and denying tenant a trial. Tenant then asked the court to refund the use and occupancy he had paid over two years. The court ruled for tenant. The appeals court order indicated that the use and occupancy must be returned to tenant.

Rizzuto v. Novack: NYLJ, 3/26/03, p. 24, col. 3 (Dist. Ct. Nassau; Gartner, J)

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