Warrant Delayed

LVT Number: 13474

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a court agreement delaying enforcement of the eviction warrant on the condition that tenant pay the back rent owed. Tenant didn't comply and asked the court for a further delay. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The court agreement let tenant apply for a further delay upon a showing of good cause.

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a court agreement delaying enforcement of the eviction warrant on the condition that tenant pay the back rent owed. Tenant didn't comply and asked the court for a further delay. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The court agreement let tenant apply for a further delay upon a showing of good cause. By ordering tenant to make partial back rent payments and regular payments afterwards, the court properly balanced the interests of both landlord and tenant.

Mott Haven Assocs. #3 v. Mena: NYLJ, p. 22, col. 2 (8/3/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)