Tenant Didn't Remove Illegal Subtenant

LVT Number: 14021

Landlord sued to evict tenant for illegal subletting. Tenant agreed in court to remove the illegal subtenant by September 1998. The agreement also provided for a judgment to be entered in landlord's favor and a delay of the eviction warrant to give tenant time to comply with the agreement. When the subtenant didn't move out, tenant asked the court to vacate the judgment and eviction warrant. The court ruled against tenant. Tenant appealed and lost. Tenant didn't comply with the terms of the agreement. There was no reason to vacate the judgment or eviction warrant.

Landlord sued to evict tenant for illegal subletting. Tenant agreed in court to remove the illegal subtenant by September 1998. The agreement also provided for a judgment to be entered in landlord's favor and a delay of the eviction warrant to give tenant time to comply with the agreement. When the subtenant didn't move out, tenant asked the court to vacate the judgment and eviction warrant. The court ruled against tenant. Tenant appealed and lost. Tenant didn't comply with the terms of the agreement. There was no reason to vacate the judgment or eviction warrant.

1430 Seagirt Blvd. Corp. v. Gerber: NYLJ, 3/28/00, p. 28, col. 3 (App. T.2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)