Warrant for Nonpayment Improperly Vacated

January 1, 2002

LVT Number: 15499

Landlord sued to evict tenant in May 2000 for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to delay eviction several times, but he continued to default and didn't pay the back rent until January 2001. The court then vacated the eviction warrant. Landlord appealed and won. Landlord had repeatedly been forced to pay additional marshal's fees, and tenant had defaulted so many times that it was unfair to vacate the eviction warrant.

Landlord sued to evict tenant in May 2000 for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to delay eviction several times, but he continued to default and didn't pay the back rent until January 2001. The court then vacated the eviction warrant. Landlord appealed and won. Landlord had repeatedly been forced to pay additional marshal's fees, and tenant had defaulted so many times that it was unfair to vacate the eviction warrant.

Apolinar v. Massaquai: NYLJ, 12/14/01, p. 23, col. 6 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)

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