Tenants Restored to Possession

April 1, 1994

LVT Number: 8718

Landlord sued to evict Southampton tenants for nonpayment of rent. The court ruled for landlord, but eviction was delayed to allow tenants an opportunity to pay their back rent. Landlord subsequently rejected tenants' payment, which was greater than the amount of the judgment. Landlord proceeded to have tenants evicted. Tenants then sued landlord, asking to be restored to possession. The court ruled for tenants, and landlord appealed. The appeals court ruled against landlord. The eviction violated the stipulation that landlord and tenant had signed.

Landlord sued to evict Southampton tenants for nonpayment of rent. The court ruled for landlord, but eviction was delayed to allow tenants an opportunity to pay their back rent. Landlord subsequently rejected tenants' payment, which was greater than the amount of the judgment. Landlord proceeded to have tenants evicted. Tenants then sued landlord, asking to be restored to possession. The court ruled for tenants, and landlord appealed. The appeals court ruled against landlord. The eviction violated the stipulation that landlord and tenant had signed. The trial court properly restored tenants to possession.

Arcate v. Hole in the Wall Gang, Ltd.: NYLJ, p. 24, col. 2 (3/30/94) (App. T. 2 Dept.; Stark, JP, Collins, Luciano, JJ)

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