Warrant Vacated

February 1, 2006

LVT Number: 18613

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay on time in the future. Landlord later claimed that tenant had violated the agreement, and sought eviction. Tenant asked the court to vacate the eviction warrant, claiming that she had complied with the agreement. The court ruled against tenant. Tenant appealed and won. Tenant showed that she had made the payments in question. Landlord submitted no statement from anyone with personal knowledge to the contrary.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay on time in the future. Landlord later claimed that tenant had violated the agreement, and sought eviction. Tenant asked the court to vacate the eviction warrant, claiming that she had complied with the agreement. The court ruled against tenant. Tenant appealed and won. Tenant showed that she had made the payments in question. Landlord submitted no statement from anyone with personal knowledge to the contrary.

Wilson v. Mitchell: NYLJ, 1/12/06, p. 32, col. 1 (App. T. 2 Dept.; Golia, JP, Rios, Belen, JJ)

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