Tenant Evicted for Nonpayment Can't Vacate Warrant

LVT Number: #24531

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears by May 20, 2011. The court granted tenant several extensions of time to pay, both before and after tenant was evicted on Jan. 19, 2012.  Three months after eviction, tenant again asked the court to vacate the eviction warrant, give him more time to pay, and restore him to possession. The court refused. Tenant appealed and lost. Tenant showed no good cause to vacate the warrant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears by May 20, 2011. The court granted tenant several extensions of time to pay, both before and after tenant was evicted on Jan. 19, 2012.  Three months after eviction, tenant again asked the court to vacate the eviction warrant, give him more time to pay, and restore him to possession. The court refused. Tenant appealed and lost. Tenant showed no good cause to vacate the warrant.

110 W. 174 LLC v. Daley: 37 Misc.3d 139(A), 2012 NY Slip Op 52232(U) (App. T. 1 Dept.; 12/11/12; Alpert, J)