Eviction Warrant Vacated

Facts: Landlord sued to evict rent-controlled tenant in Westchester County. Landlord and tenant stipulated that tenant would pay rent on time, by the fifth day of each month. Tenant subsequently lost his job and fell behind in his rent payments. An eviction warrant was issued. Tenant asked the court to vacate the eviction warrant. Tenant had immediately applied to the Department of Social Services for emergency aid, but his application wasn't processed quickly enough to help him. Tenant also went to Westchester Legal Services, which connected him with a charitable organization that offered to pay his rent and reasonable legal fees. Tenant gave landlord's attorney a check that was rejected 12 days later because it didn't include the $1,900 landlord demanded as attorney's fees. The trial court vacated the warrant in response to tenant's request and ruled that landlord was entitled to only $850 in attorney's fees. Landlord appealed. Court: Landlord loses. Tenant's actions were consistent with his attempt to honor the terms of the stipulation. Tenant's default was beyond his control, and he went to great effort to obtain funds to pay the rent.

[Soundview Apt. Co. v. Spina: NYLJ, p. 32, col. 3 (2/1/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)].