Bankruptcy Filing Doesn't Delay Eviction Warrant

July 31, 1996

LVT Number: 10755

Landlord sued to evict tenant when tenant's lease expired. Tenant wasn't rent-stabilized. The court ruled for landlord. The eviction warrant was issued in October 1995. Execution of the warrant was delayed until June 30, 1996, on the condition that tenant pay use and occupancy. In February 1996 tenant stopped paying. In March landlord served the required five-day notice of tenant's default of the stipulation. The eviction warrant could go forward. In May 1996 tenant filed for bankruptcy. Tenant claimed that this automatically delayed the eviction. The court ruled against tenant.

Landlord sued to evict tenant when tenant's lease expired. Tenant wasn't rent-stabilized. The court ruled for landlord. The eviction warrant was issued in October 1995. Execution of the warrant was delayed until June 30, 1996, on the condition that tenant pay use and occupancy. In February 1996 tenant stopped paying. In March landlord served the required five-day notice of tenant's default of the stipulation. The eviction warrant could go forward. In May 1996 tenant filed for bankruptcy. Tenant claimed that this automatically delayed the eviction. The court ruled against tenant. Once the eviction warrant was issued, tenant no longer had a legal interest in the apartment. Therefore by the time tenant filed for bankruptcy, the eviction couldn't be delayed. Landlord could proceed with the eviction.

Asia v. Fensterszaub: NYLJ, p. 33, col. 2 (7/10/96) (Civ. Ct. Kings; Gould, J)

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