DSS Paid Back Rent Due

May 31, 1994

LVT Number: 8804

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant later asked the court to vacate the judgment and eviction warrant. The court refused, and stated that no further orders to show cause would be signed in the proceeding. Tenant came back again with a new request to vacate the eviction order. This time, DSS had made money available to pay tenant's back rent. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Each show cause application should be viewed separately.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant later asked the court to vacate the judgment and eviction warrant. The court refused, and stated that no further orders to show cause would be signed in the proceeding. Tenant came back again with a new request to vacate the eviction order. This time, DSS had made money available to pay tenant's back rent. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Each show cause application should be viewed separately. The trial court properly ruled to avoid eviction of tenant, who'd lived in the apartment for 18 years.

14-15 Street Associates v. Street: NYLJ, p. 27, col. 4 (5/16/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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