Warrant Vacated

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord based on tenant's default. Protective Services for Adults then asked the court to vacate the judgment so that it could obtain rent money for tenant from DSS. The court appointed a guardian for tenant, and landlord agreed that the warrant would be delayed for four weeks, for payment by Nov. 30. Landlord accepted December rent from DSS while the agency was still processing paperwork for the $5,000 back rent. The guardian then asked the court to dismiss the case. Landlord claimed that the December rent payment was applied to back rent and said tenant was in violation of the agreement to pay the back rent by the end of November. The court ruled for tenant and vacated the default judgment, warrant, and settlement agreement. Landlord appealed and lost. The rent payment that landlord accepted from DSS clearly was intended for December's rent, and landlord accepted it. The eviction warrant was properly vacated. But the judgment shouldn't have been vacate.

L&T East 22 Realty Co. v. Earle: NYLJ, 3/18/02, p. 24, col. 3 (App. T.2 Dept.; Aronin, JP, Patterson, Rios, JJ)