Warrant Delayed

LVT Number: 15897

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant asked the court to delay execution of the eviction warrant. He was trying to move but had problems doing so because he was elderly, on a fixed income, and being treated for cancer. Landlord claimed that the court wasn't authorized to delay the eviction warrant. The court ruled for tenant. Execution of the warrant would be delayed if tenant paid use and occupancy. Although the warrant terminated the tenancy, the case was still pending.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant asked the court to delay execution of the eviction warrant. He was trying to move but had problems doing so because he was elderly, on a fixed income, and being treated for cancer. Landlord claimed that the court wasn't authorized to delay the eviction warrant. The court ruled for tenant. Execution of the warrant would be delayed if tenant paid use and occupancy. Although the warrant terminated the tenancy, the case was still pending. So the court was permitted to grant the delay.

Niego Properties Ltd. v. Schuette: NYLJ, 5/22/02, p. 25, col. 4 (City Ct. White Plains; Friia, J)