Warrant Delayed

April 1, 2006

LVT Number: 18736

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent in three installments. An eviction warrant was issued, but execution was delayed to give tenant the chance to make the payments. Landlord later sought eviction based on tenant's failure to make the third payment. Tenant asked the court to delay the eviction further. The court ruled for tenant. Landlord appealed and lost. Tenant made the first two payments on time. The third payment was delayed because tenant was hospitalized.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent in three installments. An eviction warrant was issued, but execution was delayed to give tenant the chance to make the payments. Landlord later sought eviction based on tenant's failure to make the third payment. Tenant asked the court to delay the eviction further. The court ruled for tenant. Landlord appealed and lost. Tenant made the first two payments on time. The third payment was delayed because tenant was hospitalized. The delay was caused by DSS. Tenant showed that she was prepared to make the final payment. Under the circumstances, the lower court properly delayed execution of the eviction warrant.

835 Carroll St. Corp. v. Reap: NYLJ, 3/20/06, p. 44, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Rios, JJ)

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