Eviction Delayed While Tenant Appeals

December 1, 2006

LVT Number: 19266

Landlord sued to evict tenant. The court ruled for landlord and issued an eviction warrant. Tenant appealed and asked the court to delay the eviction while her appeal was pending. The appeals court delayed the eviction until Dec. 13, 2006. If tenant files appeal papers by that date and pays use and occupancy until then, tenant can request further delay of the eviction. If tenant doesn't comply with these conditions, landlord can proceed with eviction after Dec. 13.

Landlord sued to evict tenant. The court ruled for landlord and issued an eviction warrant. Tenant appealed and asked the court to delay the eviction while her appeal was pending. The appeals court delayed the eviction until Dec. 13, 2006. If tenant files appeal papers by that date and pays use and occupancy until then, tenant can request further delay of the eviction. If tenant doesn't comply with these conditions, landlord can proceed with eviction after Dec. 13.

2575 Sedgwick Realty LLC v. Alston: NYLJ, 11/1/06, p. 31, col. 4 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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