Occupant Can't Vacate Warrant

July 31, 1994

LVT Number: 8954

Landlord sued to evict occupant. After a trial, the court ruled for landlord, and issued an eviction warrant. Occupant asked the court to vacate the warrant, arguing for the first time that the notice to quit was defective. The appeals court ruled for landlord. The notice to quit wasn't defective. And even if it was, occupant had waited too long before raising this issue. Occupant should have made that argument at trial.

Landlord sued to evict occupant. After a trial, the court ruled for landlord, and issued an eviction warrant. Occupant asked the court to vacate the warrant, arguing for the first time that the notice to quit was defective. The appeals court ruled for landlord. The notice to quit wasn't defective. And even if it was, occupant had waited too long before raising this issue. Occupant should have made that argument at trial.

City of New York v. Quinones: NYLJ, p. 31, col. 4 (7/5/94) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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