Tenant's Bankruptcy Doesn't Delay Eviction Warrant

April 30, 1995

LVT Number: 9649

Facts: - Landlord was under contract to sell building to buyer, who became tenant in the meantime. Tenant was unable to complete the sale and landlord sued to evict. The court ruled for landlord but delayed the eviction for six months. At the end of the six months, tenant asked the court for an additional delay, this time because tenant had just filed a bankruptcy petition. Tenant claimed the bankruptcy proceeding automatically delayed the enforcement of any judgment against him.

Facts: - Landlord was under contract to sell building to buyer, who became tenant in the meantime. Tenant was unable to complete the sale and landlord sued to evict. The court ruled for landlord but delayed the eviction for six months. At the end of the six months, tenant asked the court for an additional delay, this time because tenant had just filed a bankruptcy petition. Tenant claimed the bankruptcy proceeding automatically delayed the enforcement of any judgment against him.

Radol v. Centeno: NYLJ, p. 32, col. 6 (4/26/95) (Civ. Ct. Queens; Haber, J)

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