Warrant Permanently Delayed

December 1, 1995

LVT Number: 10165

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. The court later vacated the default judgment, since tenant had paid the rent owed. Landlord appealed. The appeals court permanently delayed the eviction warrant in the interest of justice. Tenant had lived in the rent-stabilized apartment for 21 years, owed only four months rent, which he'd now paid, and was ill at the time of his default. No harm was done to landlord. There was ample cause to delay the eviction warrant.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. The court later vacated the default judgment, since tenant had paid the rent owed. Landlord appealed. The appeals court permanently delayed the eviction warrant in the interest of justice. Tenant had lived in the rent-stabilized apartment for 21 years, owed only four months rent, which he'd now paid, and was ill at the time of his default. No harm was done to landlord. There was ample cause to delay the eviction warrant.

Jane Street Co. v. Prince: NYLJ, p. 25, col. 1 (11/13/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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