Tenant's Default Excused

January 1, 2005

LVT Number: 17815

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay back rent by a certain date to avoid eviction. Tenant didn't pay by the due date and was evicted. Tenant then asked the court to be restored to possession. The court ruled for tenant. Landlord appealed and lost. Tenant had the funds in her possession, but didn't pay by the required date because of a misunderstanding of the court order. Tenant's default was minor and inadvertent and shouldn't result in the loss of her apartment after 20 years.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and ordered tenant to pay back rent by a certain date to avoid eviction. Tenant didn't pay by the due date and was evicted. Tenant then asked the court to be restored to possession. The court ruled for tenant. Landlord appealed and lost. Tenant had the funds in her possession, but didn't pay by the required date because of a misunderstanding of the court order. Tenant's default was minor and inadvertent and shouldn't result in the loss of her apartment after 20 years. The court also compensated landlord by ordering tenant to pay marshal and legal fees, as well as all back rent.

576 Realty Corp. v. Sneed: NYLJ, 12/29/04, p. 28, col. 6 (App. T. 1 Dept.; Aronin, JP, Patterson, Golia, JJ)

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