Warrant Vacated

May 31, 2003

LVT Number: 16626

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court giving landlord a judgment of possession and authorizing issuance of an eviction warrant. Tenant later asked the court to vacate the eviction warrant. The court ruled against tenant. Tenant appealed and won. Tenant paid the full amount of back rent owed within one week after entry of judgment and before execution of the warrant. Tenant reasonably believed, even if mistaken, that the settlement agreement allowed her to make this payment after issuance of the eviction warrant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court giving landlord a judgment of possession and authorizing issuance of an eviction warrant. Tenant later asked the court to vacate the eviction warrant. The court ruled against tenant. Tenant appealed and won. Tenant paid the full amount of back rent owed within one week after entry of judgment and before execution of the warrant. Tenant reasonably believed, even if mistaken, that the settlement agreement allowed her to make this payment after issuance of the eviction warrant.

Wyandanch Comm. Dev. Corp. v. Nesbitt: NYLJ, 5/27/03, p. 32, col. 3 (App. T. 2 Dept.; Winick, JP, Lifson, Rudolph, JJ)

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