Warrant Included Entire Building

January 1, 1993

LVT Number: 6607

Landlord City of New York sued to evict tenant from the entire building. The court ruled for landlord. Later, a court ruled that tenant be restored to possession of the upstairs portion of the building. Landlord appealed, and the appeals court found that the trial court was wrong. Landlord's petition---as well as the court-approved stipulation agreed to by landlord and tenant---specified that landlord could recover the entire building. Also, the eviction warrant correctly described the entire building.

Landlord City of New York sued to evict tenant from the entire building. The court ruled for landlord. Later, a court ruled that tenant be restored to possession of the upstairs portion of the building. Landlord appealed, and the appeals court found that the trial court was wrong. Landlord's petition---as well as the court-approved stipulation agreed to by landlord and tenant---specified that landlord could recover the entire building. Also, the eviction warrant correctly described the entire building.

[City of New York v. Barnett: NYLJ, p. 25, col. 6 (12/8/92) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Joy, JJ)].

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