Tenant Can't Vacate Eviction Warrant

April 1, 1994

LVT Number: 8685

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, but gave tenant a rent abatement. Tenant later asked the court to vacate the judgment and eviction warrant. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Tenant raised a number of claims with his request to vacate regarding the amount of rent he was charged. Tenant never raised these issues at trial of the nonpayment case. He can't raise them for the first time now. Tenant didn't show good cause to vacate the warrant.

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, but gave tenant a rent abatement. Tenant later asked the court to vacate the judgment and eviction warrant. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Tenant raised a number of claims with his request to vacate regarding the amount of rent he was charged. Tenant never raised these issues at trial of the nonpayment case. He can't raise them for the first time now. Tenant didn't show good cause to vacate the warrant.

Yanni Realty v. Gautam: NYLJ, p. 27, col. 4 (3/23/94) (App. T. 2 Dept.; Scholnick, JP, Aronin, Chetta, JJ)

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