Warrant Permanently Delayed

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant in part. The trial court correctly ruled that tenant owed landlord $1,200 per month and that there were no grounds for a rent abatement. However, since tenant had paid the sum of the final judgment and had otherwise complied with her payment obligations during the delay period granted by the appeals court, the court permanently delayed execution of the warrant, to preserve tenant's long-term rent-stabilized tenancy.

B&B Manhattan LLC v. Sack: NYLJ, 5/30/06, p. 31, col. 3 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)