Warrant Permanently Delayed

January 1, 1999

LVT Number: 12882

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant later asked the court to permanently delay execution of the warrant because he'd paid the back rent. The court ruled for tenant, and landlord appealed. The appeals court also ruled against landlord. Since tenant had paid the full amount of the back rent due before the eviction was scheduled to take place, it was proper to permanently delay the eviction warrant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant later asked the court to permanently delay execution of the warrant because he'd paid the back rent. The court ruled for tenant, and landlord appealed. The appeals court also ruled against landlord. Since tenant had paid the full amount of the back rent due before the eviction was scheduled to take place, it was proper to permanently delay the eviction warrant.

3092 Realty Corp. v. Callaway: NYLJ, p. 25, col. 1 (12/1/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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