Tenant Restored to Possession

November 1, 2000

LVT Number: 14487

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant immediately asked the court to restore her to possession and was now able to pay the back rent. The court ruled for tenant. Landlord appealed and lost. Tenant had lived in the apartment for over 20 years. She was trying to get assistance from DSS to pay the back rent owed, but there were delays in getting those payments. The lower court properly used its discretion under the circumstances to restore tenant to possession.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant immediately asked the court to restore her to possession and was now able to pay the back rent. The court ruled for tenant. Landlord appealed and lost. Tenant had lived in the apartment for over 20 years. She was trying to get assistance from DSS to pay the back rent owed, but there were delays in getting those payments. The lower court properly used its discretion under the circumstances to restore tenant to possession. But landlord was still entitled to attorney's fees connected with the nonpayment case.

Sorkin v. Salazar: NYLJ, 10/24/00, p. 26, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

Topics

More like this