Tenant Didn't Comply with Use and Occupancy Order

Landlord sued to eject tenant, claiming that tenant was unregulated. Landlord also sought payment of rent and/or use and occupancy (U&O). In July 2002, the court ordered tenant to pay use and occupancy while the case was pending. In November 2003, the court dismissed the part of landlord's case that sought ejectment. The court found that tenant was rent stabilized. Tenant then stopped paying the U&O. Tenant claimed he was entitled to do so because the court had dismissed the ejectment claim. Landlord asked the court to hold tenant in contempt for discontinuing the U&O payments. The court ruled against landlord. Landlord appealed and lost. Tenant was required to comply with the court's order until it was set aside by appeal or otherwise. The court's November 2003 dismissal of landlord's ejectment claim didn't end the case, and the court's order that tenant pay U&O remained in effect. The case was sent back to the lower court to rule on whether tenant was in contempt of court.

Gloveman Realty Corp. v. Jefferys: NYLJ, 5/30/06, p. 35, col. 1 (App. Div. 2 Dept.; Florio, JP, Luciano, Spolzino, Fisher, JJ)