Court Won't Award Use and Occupancy After Judgment of Possession Previously Granted

December 20, 2023

LVT Number: #33009

Landlord sued to evict tenant in a holdover proceeding. Landlord and tenant settled the case during trial. Tenant agreed to move out, and landlord agreed to waive rent owed. When tenant failed to vacate by the agreed-upon date, landlord asked the court for a determination of outstanding use and occupancy since January 2020 based on failure to abide by the terms of the stipulation dated April 20, 2023. The court ruled against landlord, whose motion didn't include a sworn statement or other documentation to support any claimed debt.

Landlord sued to evict tenant in a holdover proceeding. Landlord and tenant settled the case during trial. Tenant agreed to move out, and landlord agreed to waive rent owed. When tenant failed to vacate by the agreed-upon date, landlord asked the court for a determination of outstanding use and occupancy since January 2020 based on failure to abide by the terms of the stipulation dated April 20, 2023. The court ruled against landlord, whose motion didn't include a sworn statement or other documentation to support any claimed debt. The stipulation between the parties also didn't identify the requested relief, and the court didn't have authority to grant a money judgment after the case had been resolved through a possessory judgment only.

Williams v. Linda: Index No. LT-052116-2020, NYLJ 11/29/23, p. 17, col 3 (Civ. Ct. Kings; 11/21/23; Sherman, J)

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