Tenant Paid Rent Owed

April 30, 1993

LVT Number: 6951

Landlord sued to evict tenant for nonpayment of rent. Final judgment of possession and an eviction warrant were issued for landlord. Tenant later asked the court to vacate the warrant, and the court did so, It also vacated the judgment of possession and dismissed landlord's petition. Landlord appealed. The appeals court ruled that it was correct to vacate the eviction warrant since tenant had paid the rent owed. However, the lower court had no basis for dismissing the petition or vacating the final judgment. These were reinstated.

Landlord sued to evict tenant for nonpayment of rent. Final judgment of possession and an eviction warrant were issued for landlord. Tenant later asked the court to vacate the warrant, and the court did so, It also vacated the judgment of possession and dismissed landlord's petition. Landlord appealed. The appeals court ruled that it was correct to vacate the eviction warrant since tenant had paid the rent owed. However, the lower court had no basis for dismissing the petition or vacating the final judgment. These were reinstated.

Willow Glen Realty Co. v. Colangelo: NYLJ, p. 26, col. 5 (4/29/93) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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