Warrant Vacated

January 1, 2002

LVT Number: 15498

Landlord sued to evict tenant for lease violations. The court ruled for landlord. Tenant later asked the court to vacate the judgment and eviction warrant. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and sent the case back to the trial court. It was unclear whether tenant had, in fact, provided landlord with keys to the apartment, as required by his lease. And the court didn't give tenant enough chance to explain why he may have changed the apartment door locks if, in fact, he did so.

Landlord sued to evict tenant for lease violations. The court ruled for landlord. Tenant later asked the court to vacate the judgment and eviction warrant. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant and sent the case back to the trial court. It was unclear whether tenant had, in fact, provided landlord with keys to the apartment, as required by his lease. And the court didn't give tenant enough chance to explain why he may have changed the apartment door locks if, in fact, he did so.

Pleasantview Assn. v. Chen: NYLJ, 12/14/01, p. 22, col. 6 (App. T.2 Dept.; Scholnick, PJ, Aronin, Rios, JJ)

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