Tenant Evaded Enforcement of Judgment for Back Rent

April 1, 1995

LVT Number: 9598

Landlord sued to evict cooperative tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay back rent of over $18,000. Tenant didn't appeal, but evaded the judgment for back rent. Tenant wouldn't appear for formal questioning by landlord and even made a court request that landlord be barred from enforcing the judgment against personal assets other than his shares of stock in the cooperative corporation. The court found tenant to be in contempt. Tenant appealed.

Landlord sued to evict cooperative tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay back rent of over $18,000. Tenant didn't appeal, but evaded the judgment for back rent. Tenant wouldn't appear for formal questioning by landlord and even made a court request that landlord be barred from enforcing the judgment against personal assets other than his shares of stock in the cooperative corporation. The court found tenant to be in contempt. Tenant appealed. The appeals court ruled that tenant could lift the contempt order only if he appeared for landlord's deposition within 20 days.

61 West 62nd Owners Corp. v. McCormack: NYLJ, p. 25, col. 4 (3/28/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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