Landlord Can't Vacate Consent Order

April 1, 1997

LVT Number: 11353

HPD sued landlord to get building repairs. Landlord agreed to a consent order but later asked the court to vacate the order. The court ruled against landlord. Landlord appealed and again lost. Landlord owned the building at the time HPD started the court action and didn't show that he ever gave up control over the building. Landlord also didn't give enough reason to vacate the consent order.

HPD sued landlord to get building repairs. Landlord agreed to a consent order but later asked the court to vacate the order. The court ruled against landlord. Landlord appealed and again lost. Landlord owned the building at the time HPD started the court action and didn't show that he ever gave up control over the building. Landlord also didn't give enough reason to vacate the consent order.

HPD v. Dockery: NYLJ, p. 29, col. 2 (3/12/97) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Patterson, JJ)

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