Eviction Warrant Vacated

March 1, 1996

LVT Number: 10452

Landlord sued to evict tenant for nonpayment of rent. Tenant obtained an attorney while in court and was granted an adjournment to seek assistance from DSS. On the next court date, tenant's attorney had received a written commitment from DSS to pay tenant's back rent. The court refused to adjourn the case any further and ruled for landlord. DSS paid tenant's back rent three days after entry of the judgment and issuance of the eviction warrant. Tenant asked the court to vacate the judgment and warrant. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant obtained an attorney while in court and was granted an adjournment to seek assistance from DSS. On the next court date, tenant's attorney had received a written commitment from DSS to pay tenant's back rent. The court refused to adjourn the case any further and ruled for landlord. DSS paid tenant's back rent three days after entry of the judgment and issuance of the eviction warrant. Tenant asked the court to vacate the judgment and warrant. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. The trial court should have vacated the warrant, given all the circumstances.

Concord Village v. Gradney: NYLJ, p. 32, col. 5 (2/13/96) (App. T. 2 Dept.; Stark, JP, Collins, Luciano, JJ)

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