Warrant Delayed

March 1, 2006

LVT Number: 18671

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, but delayed execution of the eviction warrant so tenant could pay the back rent owed. Tenant later asked the court to vacate the judgment and warrant. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord in part. The judgment shouldn't have been vacated. But the lower court's decision to delay the eviction warrant was permissible. Tenant paid $3,600 in back rent by the Dec. 22, 2004, due date.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, but delayed execution of the eviction warrant so tenant could pay the back rent owed. Tenant later asked the court to vacate the judgment and warrant. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord in part. The judgment shouldn't have been vacated. But the lower court's decision to delay the eviction warrant was permissible. Tenant paid $3,600 in back rent by the Dec. 22, 2004, due date. The lower court extended her time to pay another portion of back rent due totaling $4,500.

Kew Gardens NY, LLC v. Saltos: NYLJ, 2/22/06, p. 31, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston, Patterson, Golia, JJ)

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