LVT Number: 16233
Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to be restored to possession. The court ruled for tenant on the condition that tenant pay landlord all back rent, eviction costs, and attorney's fees. Landlord appealed and lost. Under the circumstances of this particular case, the lower court properly exercised its discretion to vacate the eviction warrant and restore tenant to possession.
102-116 Eighth Ave. Assocs., LP v. Oyola: NYLJ, 11/29/02, p. 20, col. 2 (App. Div.1 Dept.; Nardelli, JP, Tom, Lerner, Marlow, Gonzalez, JJ)