Eviction Warrant Vacated

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant later asked the court to vacate the warrant. The court ruled for tenant. Landlord appealed, claiming that tenant didn’t show good cause to vacate the warrant. The appeals court ruled against landlord. Although the issuance of the eviction warrant canceled tenant’s lease and landlord had a right to expect that the judgment would be enforced and final, the court still had the authority to vacate the warrant. Tenant had lived in the apartment for 30 years and fell into arrears while withholding rent because he believed that his apartment was uninhabitable. Tenant was able to make ongoing monthly rent payments and, after making diligent efforts to get financial assistance, had offered full payment of back rent to landlord.

West Sterling Realty, LLC v. Marshall: NYLJ, 8/11/09, p. 34, col. 2 (App. T. 2 Dept.; Weston, JP, Rios, Steinhardt, JJ)