Warrant Permanently Delayed

March 1, 1998

LVT Number: 12139

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court granted tenant a delay of the execution of the eviction warrant while the appeal was pending if tenant deposit $43,000 in back rent either with the court or with landlord. Tenant did so and continued to make use-and-occupancy payments. The appeals court ruled against tenant on his appeal but permanently delayed the eviction warrant. The court found no reason to evict the long-term rent-stabilized tenant since he'd paid all the back rent.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court granted tenant a delay of the execution of the eviction warrant while the appeal was pending if tenant deposit $43,000 in back rent either with the court or with landlord. Tenant did so and continued to make use-and-occupancy payments. The appeals court ruled against tenant on his appeal but permanently delayed the eviction warrant. The court found no reason to evict the long-term rent-stabilized tenant since he'd paid all the back rent.

Eighty First Assocs. v. Morell: NYLJ, p. 27, col. 3 (2/20/98) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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