Court Denies Writ of Prohibition Sought by Tenant Against Housing Court Order

LVT Number: #28436

Tenant sought a writ of prohibition against enforcement of a housing court order after the court granted landlord's request for re-executing a warrant of eviction. The court ruled against tenant, who appealed and lost. State Supreme Court properly exercised discretion in denying tenant's request to stop enforcement of the housing court order since the housing court's judgment awarding possession to landlord was lawful and not in excess of its jurisdiction.

Tenant sought a writ of prohibition against enforcement of a housing court order after the court granted landlord's request for re-executing a warrant of eviction. The court ruled against tenant, who appealed and lost. State Supreme Court properly exercised discretion in denying tenant's request to stop enforcement of the housing court order since the housing court's judgment awarding possession to landlord was lawful and not in excess of its jurisdiction. Also, even if the housing court order was defective, tenant could have sought review of that order by direct appeal and deliberately chose not to do so. 

Austin v. Milin: 161 A.D.3d 675, 2018 NY Slip Op 03815 (App. Div. 1 Dept.; 5/29/18; Friedman, JP, Gische, Tom, Kern, Singh, JJ)