Warrant Vacated

January 1, 2001

LVT Number: 14628

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord and issued an eviction warrant. Tenant asked the court to vacate the warrant after he was evicted. The court ruled for tenant. Landlord appealed and lost. Tenant's default was excusable, and tenant had a believable reason for withholding rent. The lower court didn't abuse its discretion by vacating the eviction warrant and ordering that tenant be restored to possession.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. The court ruled for landlord and issued an eviction warrant. Tenant asked the court to vacate the warrant after he was evicted. The court ruled for tenant. Landlord appealed and lost. Tenant's default was excusable, and tenant had a believable reason for withholding rent. The lower court didn't abuse its discretion by vacating the eviction warrant and ordering that tenant be restored to possession.

Tiemann Holding Corp. v. Wei: NYLJ, 12/15/00, p. 28, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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