Tenant Restored to Possession

December 1, 1993

LVT Number: 8356

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, but delayed eviction to let tenant pay past-due rent in accordance with the terms of the stipulation. Tenant had some trouble arranging for assistance from the Department of Social Services (DSS), but got the rent that was owed within eight days after the final date agreed upon. In the meantime, the eviction warrant was executed. Tenant then asked the court to restore her to possession. Under the circumstances, the trial court ruled for tenant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, but delayed eviction to let tenant pay past-due rent in accordance with the terms of the stipulation. Tenant had some trouble arranging for assistance from the Department of Social Services (DSS), but got the rent that was owed within eight days after the final date agreed upon. In the meantime, the eviction warrant was executed. Tenant then asked the court to restore her to possession. Under the circumstances, the trial court ruled for tenant. Landlord appealed, but the appeals court agreed that tenant should be allowed back into the apartment. Tenant's delay was minor.

Parkchester Apartments Co. v. Heim: NYLJ, p. 29, col. 1 (11/22/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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